Daily Kennebec journal., 1894-11-19
ROAD MACHINES.
Trial Of Suit Brought by George
Tyer & Co., Boston,
To Enforce Payment for Champion Machines
Alleged to Have Been Sold the City.

Considerable interest centered in Satur
davis trial Of the suit brought against the
c;tv by Messrs. George Tyler & Co. OF
Roston. to enforce payment for two
American Champion Road Machines
alleged to have been ordered for the city
bv Mayor Milliken the second day Of last
April L. c. Cornish appeared for the
plaintiffs and City Solicitor Little assisted
by H. NJ. Heath, for the defendant.
The plaintiffs claimed to have made an
unconditional sale to the city, represented
nv Mayor Milliken, Of two American
Champion Road Machines ~ The mayor,
nv vote of both branches of the city gov
erpment. had been granted full authority
to act in the matter. The plaintiffs show
tbe orders for two machines and seek to
enforce payment for the same. Mayor
N;Iliken admits that he gave the orders
for the machines, one personally, the
other through s. ;. Brooks & Co., but
claims that both orders were conditional
Of the printed warranty upon
the back of the order blanks,
and the further personal guarantee of the
selling agent that they should prove salts
factory in every respect. Among other
things the machine was warranted:
TO be the lightest draft machine on the
market. .E,." .tfn ~ -..
TO be simply and thoroughly constructed
on mechanical principles l
time as any competing machines, and to
blow successfully in any soil, whether
baked clay, gumbo or prairie soil.
To be easily operated under all condi-
tons. ~i'.'
TO run more steadily than competing
machines.
To operate successfully in all work of
road building and repairing, moving earth
to the right or left or directly forward, to
plough their own bitches, cut down banks
widen roads and in short do any work that
can be done by any road machine.
To be less liable to side-slewing or slip
ping than any competing machine.
To operate successfully in different
places
The city officials claim that after care
ful competitive test with 1.-THE Western
Reversible Road Machine-each machine
being given three hours trial under
similar conditions-none Of the above
terms Of the warranty were fulfilled, and
that the Western machine excelled the
Champion in all of these respects, being
in the opinion Of all the disinterested per
sons who witnessed the trial, u far supe-
rior all round machine. ..
The plaintiffs admitted that the sale of
their machine, although as they claim
an unconditional one, was made upon
the terms of the printed warranty.
They deny that the trial of their
machine In this city on the upper part of
Cony street was fair one, and insist
that if it had been managed by competent
and skilful men the terms of the warranty
would have been fulfilled to the letter.
Mr. George Tyler, head of the firm of
George Tyler & Co., testified that >. =
Brooks 4 Co sent to his firm for descrip-
tive circulars of his machine. They re
piled that their selling agent, Mr. f. {.
INn in,
time and show them the Champion ma
chine. Soon after Mr.. Pierce called upon
$ : Brooks & Co Mayor Milliken and
Walter A. Davis, chairman Of the com
mittec on highways, We're sent for and a
conference held in the counting room of
Mcssrs. Brooks & Co.
After Mr.. Pierce had shown them the
circular and warranty the mayor said,
Now can't you shade that price little'
We pay money here" Mr.. Pierce said Inc
would give . per cent. off in 10 days.
The mayor then said he would take a ma
chine, and signed an order. This was Tor
the Western district That evening MIR.
A. W, Brooks had conference with some
of the East side people, including Treas
urcr Campbell, of the Insane hospital, who
thought there should also be new ma
chine for that district. Mr.. Campbell
offered the use of the hospital teams ON all
work done between that institution and
the bridge.
,,.Nv
Later Mr., Brooks telephoned the mayor
in reference to the matter and received IN
structions to order another machine H'
at once went over to the Hotel North ano
placed an order with Mr.. Pierce fora secon'
machine The terms of this order were tint
same as those of the one which the mayor
had signed personally. The above was
also substantially the testimony OF Mr.
Pierce. ~. e- f.v =
Both Mr.. Tyler and Mr.. Pierce testiilet
to the mechanical construction OF tn
Champion machine. They admitted tina
1t was a pushing machine the blade belns
located behind the horses, between tn