Washington MacHinery & Supply Co. v. Northern Timber Products Co.

(dissenting) — I am unable to concur in the foregoing opinion. As the case is important to the parties immediately involved, and as the principles announced are of some importance to the business world, I feel justified in stating, as briefly as I may, the reasons for my dissent.

The record, as it is presented to us, is very meager. But it can he gathered therefrom that on January 4, 1924, the appellant, Boerner, was the owner of certain standing timber which he desired to cut and manufacture into marketable timber products. He was unable to finance the operation, and sought the aid of the…