Bellows Falls times. [volume] (Bellows Falls, Vt.) 1856-1965, 1903-04-23
Windham County Court.

G. II. Grant Apt, vs.Martin A. Bailey.
This was an action of asSumpsit to re-
cover for monument set by plaintiff for
the defendant in the Wlliamsville ceme-
terry. The contract price for the job was
$199, on which defendant had paid sos.
refusing to pay in full on the ground
that there were certain imperfectionS in
the st, ne and the lettering. The plain
tiff testified that the defendant had made
complaint to him about certain slight
defects which he had remedied, that the
stone was in substantial accord with the
contract. Several dealers in monumental
work, who had recently examined the
monument, testified that the job was a
good one in all respects. At the con
cluson of the testimony on the part of
the plaintiff the defendant paid the full
amount of the bill, with costs, and the
case was discontinued. Fits & Barber
for plaintiff; Waterman e Martin for de-
PENDANT.
S. w. Edgett VS.. Ell. Burbee, Admin
istrator, Apt.
This was an action to recover $3.50 as
commission on real estate transaction
between the defendant and Harrison
Whitaker of Amherst, Mass. The evil
dence in the case was to the effect that
w. II. II. Burbee of Windham, father of
the defendant, a short time previous to
his death in November, 1901, placed his
real estate in Windham, consisting of a
sawmill and several pieces of woodland
in the hands of the plaintiff for sale or
exchange.
After Mr. Burbee's death his son, the
defendant, wrote the plaintiff that the
property would probably remain in his
hands for sale and that they would en-
terrain propositions of exchange for
Brattleboro or Springfield property. The
plaintiff advertised the Burbee property
in Massachusetts newspapers and soon re-
ceived a proposition from Whitaker to
take it, if found satisfactory, in exchange
for three tenement houses that he owned
in Springfield, Mass. The plaintiff
gave Whitaker letter of introduction
to the defendant, whereupon, he, Whit
aker, went to Windham to look over the
Burbee property. The plaintiff, de-
defendant and Whitaker then went to
Springfield to inspect the houses of the
latter, and papers were made out at
Brattleboro December 81, 1901, whereby
the defendant as administrator was to
convey his fathers real estate in Wind
ham, also tract of some 800 acres of his
own in West Dover known as the j. B.
Davis woodlot, in exchange for Whit
aker'S three houses in Springfield.
Whitaker was to assume a mortgage OF
$1,000 on the Windham sawmi1l property.
and Burbee was to assume a mortgage
of $4,000 on the Springfield houses. Be,
fore the papers were passed it was dis
covered that the defendant had no license
from the probate court to sell the rea-
estate belonging to his fathers estate
The matter was held open till license tC
sell should be secured and it was not till
June q, 1902, that all the deeds were
signed. At this time complaint was
made by Whitaker that the Windham
mortgage had been represented to him
to cover only the sawmill property
whereas he had learned that it covered
some OF the timber land also. There
was also some misunderstanding relative
to the number of acres in the West Do
yer tract and pending the adjustment Of
these matters the deeds were left in Edg
ett'S hands to be passed at the proper
time. Burbee made demand on Edg
EFT for the deeds of the Springfield prop
erty, but the latter refused to deliver the
same till Burbee should satisfy Whita
ker's objections.
About August Whitaker notified Edg
EFT that he and Burbee had arranged
a new deal, and passed the papers, where
| by Burbee had substituted another wood.
lot in place of the Windham sawmill, the
other real estate transferred being the
same as included in the first arrange,
! ment. Whitaker paid his share of the
/ commission to Edgett but Burbee refused
! 20 pay.
Edgett testified that the commission
| agreed upon was to be $3.50 in case OF
sale, which fact Burbee did not deny but
made the claim that the deal finally con-
summated was different one from that
which Edgett engineered and which
failed through no fault of the defendant.
| The jury took the case about 4 O'Clock
Friday afternoon and were discharged at
2 O'Clock Saturday afternoon, not being
able to agree. Fits & Schwenk for
/ plaintiff, Waterman & Martin, and Cud-
worth for defendant.
Henry E. Adams, Apt, VS.. Gilbert Bur
roughs. This was an action of asSump-
sit to recover $50 as commission on
a real estate deal arranged for Burroughs
with Lemuel Smith whereby Burroughs
was to exchange his farm in Halifax for
a house owned in part by Smith at
Athol, Mass. The plaintiff took the wit
ness stand and detailed the arrangement
\ between the parties to the exchange, sub
hitting a contract signed by them to con-
VpV one n fhp other their