Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1915-12-16
sr-1it. nd anal said contract neitheI

! permit, ana that SAID Co-ltrdCt ISit-iSi
! had nor carried with it any real es-
tate interests whatever. That, al
! though Under seal, said contract was
/ in reality but a parol contract ana
could lave been even as efficient for
the purpose tor which it was made, II
! i had not been under seal.
The trustees claim that Wilson Z.
! Schmick, named as contra tim party
! under this logging permit, vas but an
| agent Of the Schmick Handle & Lun-
! Der Company, and that the real party
I 20 said contract was said SChmic.i
! Handle & Lumber Company, as an un-
! disclosed principa! and that they knew
10 other ard that no Of, er party could
become a party 70 said contract. This
is q vital question in this controversy
There are many acts ard much ties
tiruny OF this question, some oA
which will review.
AS early as February &c, 1913, the
| Schmick Handle & Lumber Company
entered into contract with the Maine
Central K. r. CO., TO build spur tracks
in Bald Mountain Township to con
meet with Bald Mountain Railroad, So
! called which vas owned By the claim
ant. This conuac, was signed IN the
Maine Central Il. r. Co, and the
Schmlck Handle & Lumber Company.
and there appears thereon the approx
~ of the HCll.nGsworth & Whitney
Company trustees exhibit No. 25).
by letter dated Ian %. 1919. VIII
son r. SchnicF Informed claimant
we are putting W 4 saw MIL al oak
lana. &c" III. & VI. Co Exhibit Ne.
29}.
BY letter dated An-il &c. 1913 the
character If Wilson e. scnmick is given
en- printed headlines
Inc original logging permit had clause
therein reciting suspension of contract
in case OF ire at the mill or manu1aCJlr-
ing plant Of said Schrrics This deeie-
nation Of a mill or manufacturinr rlan,
is almost enough TO Disclose the prinoi-
pal nornine
The agreement between W. T. & F.
f. Haines and the Holltncsworth 4
Whitney Company dated July ~ 1878.
has Joined thereon The Schmick Handle
& Lumber Company, 4 party thereto. ana
signed BY claimant, il plain terms.
C4rustees exhibit No. -
This is supplemented Dy memorandum
at bottom OF Trustees Exhibit No. 3. in
Hoi-nasworth & Whitney Company. as
appears On page is Of the testimony
handed TIP.
The lester Of Schmck Handle & Lum-
Der Company TO Hollingsworth & Whit
ney Company (Trustces' Exhibit No Il
shows printed letter heads and regular
Signature with further memorandum At
bottom Of letter III writing by H. E
Fales
Trustees Exhibits Nos. /. ., :. 4 6, 90
and % bear printed letter heads OF
SchmiclI Handle & Lumber Conopany
giving Wilson z Schmiclz as president
and general manager.
Trustees Exhibit No. =. dated Novena-
hfr ., 1919, is q plea for extension of
time for payment from Schmic * Handle
& Lumber Company TO claimant. and
Trustees Exhibit No il shows its an
svrer acknowledges the Schmick. Han
die & Lumber Company as the debtor
Trustees Exhibit No " shows iden+i
" Of Wilson z. schmIcN as agent, in
letter from Schnick Handle & Lumber
Company to Hollingsworth & whitney
Company.
find from these exhibits and the tes-
tmcny gwen upon them that Wilson z
Schnicll wes hut the agent from first to
last for the Schmidt, Handle & Lumber
| COMPANY. and that the Schmick Handle
& Lumber Company was the real, if IN
| disclosed. PRINCIPAL. and that the acts
done and performed were for the benefit
as well as 70 the obligation of the
Schmink Handle e. Lumber Comrary.
and II the Scnlnick Handle < Lumber
Company was at first an urdisclasel
principal, il soon became disclosed 70
claimant. ana in full time for clsin1ant
to have prohibited further operations an
der its logging permit, and thus to have
prevented any debt or inability 10 have
been incurred ny said Schn1ick Handle
q Lumber Company, the true principal!
] find that the approval of the contract
between the Maine Central Railroad and
the Hollinesworth & Whitney Companv
of February %, 1913 should charge the
claimant with sufficient KNOWLEDGE Of the
identity Of Wilson z. Schmlck as the
agent only Of The Schmick Handle &
Lumber Company. his undsclosed princi-
pal. And since the indeht edness of the
Schrick Handle & Lumber Con7Danv has
been paid UP to August 1872 that the
claimant must be charged with l1nowl-
edge OF the true principal ard its Nabili-
ty, and that claimant could have pre-
vented this Indebtedness, if its position
here taken is sincere. by forbidding the
Schmick Handle & Lumber COMPANY
from further operations. as a tre~-asser
and by taking legal proceedings to ,oIlecr
for any balance for stuInpage o-e-lue.
AS result Of such facts, l find that
the logs were the property Of the
Schmick Handle & Lumber Company as
soon as severed from the realty.
There is no serious controversy as
TO the confirmation by the Schmick
Handle and Lumber Co of the acts of
its agent, Wilson z. Schinick If there
were ample authority to such acts is
shown BY Trustees Exhibits, No. Is
and 16, and by testimony Of Wilson E.
Schnick, as shown on Page 1877 ct SEQ.
and l find that the Schmick Handle
& Lumber Co. confirmed the acts of
Wilson E Schmick throughout the
entire period Of the operations by the
Schmick Handle & Lumber Co
The agency OF Wilson Z. Schmick
having been established by his own
testimony and by exhibits already re-
ferred to, it must have continued. in