Underhill v. Muskegon Booming Co.

The controversy in this case concerns the right to stop in transit certain logs sold by plaintiffs *662to tbe copartnership of E. Eldred & Co., and which, came to the control of the defendants in the Muskegon river.

The logs were sold by two different contracts in writing, one of which it is conceded was fully performed, and the logs delivered under it. A copy of the other is given in the margin.* Under it the plaintiffs cut and put into the west branch of Muskegon river 135,481 feet of logs, but not in time for the main drive on the Muskegon river. Eldred & Co. had an arrangement with the booming…