Bellows Falls times. [volume] (Bellows Falls, Vt.) 1856-1965, 1895-06-13
Windsor County Court.
MAY TERM, 1895.

Inc case OF Aufllla scales VS.. Andrew
A. Wiley of Cavendish was ON trial at
the conclusion of our last report. This
was an action to recover damages for
breach of contract to take barn.
Plaintiff owned farm in Cavendish on
which stood barn that was not needed
on that farm, and she through her son
James, acting as her agent, sold it to
defendant for SIS. James to take it
down in good shape, defendant to haul
it to his place some two and one-half
miles and there James to set it up.
Defendant admitted the purchase,
but it was made in the evening when
he could not inspect it carefully and he
relied upon the representations of James
that the barn was sound and all right,
unless the sill under the doorway of
the main floor should prove to be de-
cayed. That could not be seen at the
time, being covered by the planking;
should this piece of timber prove to be
rotten, the defendant agreed to furnish
new section of that sill and plaintiffs
agent to frame it for nothing. Plaintiff
claimed that her agent did not warrant
the barn but that defendant having had
an opportunity to inspect it, bought the
DdIu OL LIS OWu luSpcCllOu. w nen
the barn was taken down, defendant
inspected it and found it badly decayed
lemons sawed off, mOrtises split out,
timbers and boards broken and the
whole mass of scattered ruins not fit
to re-erect and declined to proceed fur
ther under the contract. Hence this
suit. The principal defence was made
upon questions of law, arising under
the so-called Statute of Frauds, it being
claimed that the sale was of an interest
in real estate, or for goods of a value ex-
ceeding $40, and no contract having
been made in writing and no money
paid or goods accepted, that no action
could be main aimed to enforce it, These
questions were reserved for the supreme
court and the final result will be in ac-
cordance with the holding of the SUI
preme court upon these questions. All
the testimony as to any oral contract
was received subject to objection and
exception. Under the instructions of
the court the jury returned verdict for
plaintiff for SIS; Stickney & Sargent for
plaintiff, M. S. Buck, S. e. Emery,
and Gilbert A. Davis for defendant.
This case was followed on Tuesday
afternoon by the empaneling of a jury
in the case of Abbie M. Foster VS..
Henry H. Hanchett. The testimony
in the case began on Wednesday morn
ing, 9Th inst. This was an action to
recover $4,000 damages for breach of
promise to marry, and was of such an
interesting and sensational character
as to fill the court room with an eager
throng. The plaintiff who resides at
South Royalton, was represented by
Charles p Tarbell, James J. Wilson
and ex-Gov. w. P. Dillingham;. The
defendant is a well known business
man and long time resident at White
River Junction, and was represented
by James G. Harvey, William E. John
son and w. B. G. Stickney. The plain
tiff is a charming widow of some As
summers but the defendant is we'll
preserved widower of some go years
each old enough to be less ardent. 1T
was a case of love at first sight, genuine,
youthful, ardent love. They met by
chance, the usual way. at South Royal
ton October 4, 1898, and in company of
mutual friends, with a carriage and
span, went to the "World's FairV at
Tunbridge, VT, and defendant paid her
marked attentions. A week later Mr..
Hanchett visited her at South Royal
ton, where the defendant was carrying
on the business of fashionable dress
maker and spent few hours with her
that evening. But as he parted from
her and waited for some hours at the
cherries railroad station for the night
train to bear him home, the depths of
his loneliness and the fervor of his love
became apparent, and soon after a cor
4 respondence ensued, the letters being
read in court, which told from the
ready pen of each how deep Cupid's
arrows had taken effect. In a short
time he saw her again and proposed
a trip to the Worlds Fair" at Chicago
and proposed marriage, narrating to
her his fortune and social position, and
pressing his proposition with even
youthful ardor. She was coy as a
maiden, required time to consider and he
gave her month but argued an earlier
acceptance. Finally she did accept him
and further correspondence ensued.
These letters were also read in court
and commanded the breathless atten-
ton of large assembly. The plaintiff
gave up her business and at quite an
outlay of her own limited means and
of funds borrowed of friends, prepared
her trousseau and made other necessary
arrangements for the expected mar
riage-the defendant contributing $50
towards her expenses to Boston and on
her way home meeting her at Con-
cord, n. T., and accompanying her to
White River Junction.
Some of the friends of Mr. Hanchett
had interested themselves and the ardor
of first love having cooled, he wrote
her December 18th severing the engage
ment and frankly telling her his rea-
sons, namely, that reports derogatory
to her character had come to his knowl-
edge; subsequently he wrote her several
letters of similar nature and gave that
as a reason for declining to carry out
the contract. On Thursday the de-
PENDANT gave his testimony. cad
mitted the promise to marry and said
he had genuine affection for the plain
tiff and fully proposed to make her his;
wife at the time, but that when he
heard the stories that were in circuia!
ton derogatory to her character, that
changed his feelings towards her and
he called on her by letter to refute the
stories, but he admitted that he had
ceased to visit her and had not called
upon her personally for an explanation
or refutation of the rumors. A large
amount of testimony was taken bearing
,,,pra or Lose diraotlu urn,, tho isst,oa -,