Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1856-05-24


In this County, for which lie paid the sum Of 1850
that in doing 50. he made no inquiries as to the
manufacturer u the ware or the responsibility ofthe
parties with whom he contracted that subsequent
ly he made contract with JOHNSON Goodcll, by
which the territory acquired by Townslcy was to
be added to that Of the States Massachusetts aud
Connecticut, for all Of which $3.50 vas paid, and
said Townslcy was to have one half interest in the
whole in order to make sales. said Townsley and
johnson soon after the execution Of this last con-
tract, went to New London, CT, took room at the
hotel, and exhibited specimens their wares that
various persons then and there applied to them, ex-
amined the ware, and among them were the plain
tiffs, who finally purchased the sole right for the
State Of Connecticut, and a contract was executed
whereby the plaintiffs were to buy s2s 900 worth
Of goods and to pay rs per cent down. and tho
plaintiffs did pay this per ccntagc, minus the dis
count heretofore named.
The testimony further showed that previous to
the execution Of the contract, johnson & Townsley
went with plaintiffs to the factory where these goods
were made, and had ample opportunity to examine
and make inquiries in relation to the same which
the plaintiffs exercised with fullest extent that
there they saw Cartilage Co., and obtained from
them knowledge as to what goods were manufac-
tured there and 70 wha, extent that plaintiffs we're
informed thon aud before by defendants that Cart
lidge Co. did not manufacture the granite ware
but had il in contemplation TO do 80 rs soon as the
necessary arrangements could be made that 50
far as relates to tie stipulation in the contract re-
latiug to furnishing granite ware the plaintiffs we'll
knew the above facts and that 10 appending the
guaranty to the contract, johnson remarked that
be had no doubt tina, Cartridge 4 Co. would fal6l
the terms oft. and said Townsey remarked that
II that was so, he saw no harm in appendingt, bu,
in relation to this matter. the plaintiffs well knew
the then present relation Of things and existing
difficulties and acted understandlngiy.
IL appeared In evidence that within about fifteen
days aher the execution OF the contract between
defendants, said Plat and Charles W. TownsIey
assigned all their interest in the same to Col Towns
ley. and claimed TO have interest after that time
The depositious, also, Of Cartridge & Co. taken by
defendants we're put into the case. tending in some
POints to eorrobase the testimony Of principal wit.
ness for defence.
The trial commenced Friday morning, the 9th
lust and was given to the jury on Wednesday at
'ernoon Amer being out but short time the jury
returned verdict for the plaintiffs against Col.
Iownsley alone, assessing the damages ut $685.
sd. AT the former trial the amount named in the
verde, was S5G9i,ii. but it appeared that the
plaintiffs bad received about $500 worth Of ware
than the testimony last wear shovel them IN have
received.
nl,;n,,F. K.rs. ! IL. n ~ W., $3.50, ,,ue'. -,
H., -. = anu
.-,-e--,--.-o y, "' NO"n
a., :, :. :, ~ 'A''' "'a''ey Aenogg ana
Larkfa q .afeaS !, xo,,. 81 .u.,.;
artist Of our village. Ia. ro,en,,v ro,,...a
in Italian marble Of ,h. l.,s 'I,o,.,., wh,..,.-
which is in every wav creI;,ahle 10 ~, ,.,;., M
has never received any instruc,ion IN ri, 49,,
uent Of art, yet his srst ATTEMPT. win comn,,, =,
vorAbly with the ma,urel p,od.e,,or. az ,,,., :,
fame 1t may be seen in his studio in F,sl,.
Building.
The La,rr,ne, Iy,,,,r r,.r, IT, ,A,..,.t,,.,
ment large additions are being made the nr.s.r,
season. new wing Is in nrocs.. 81 .,...,,..
which, when completed. as IL will he in se,so, 20
accommodate the summer pa,ien,. and ho,,I.-.
will largely increase its capacity Bra,,eboro has
become favorable place Of reaor, FL, ,rv.,;a.
and those who seek relaxation rr,,n h,,.;n..~ 80
the eon6nements Of the cities Tho m..ns =. :.
e0modatng such will be greater this season than
wet 0e'0re'
~ We have resolved a long communication
from friend in reply to the report of the case of
Br0ra vs. Stark. as il appeared in our lac. ,-ass,
issue We do not ike the tone in which /, \. writ.
ten and therefore decline publishinvit. Ifanyip-
justice was done any Of the parties to the above
suit, which we believe is adjusted satisfactorily 10
all sides, we will make the needed correct;on onr
complains 'na' tue article referred
:" was 700 noe" Oh ouriesque, out II II VIII have
any thhhence IN keeping out OF our courts a class