Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-11-15
SUPERIOR COURT.
November Term Held at WaterviIe
Hon. o. G. Hall, Presiding.

| CHARLES W. JONES. Clerk.
| FREDERICK w. PLAISTED, Sheriff.
FRED F.. BEANIE, County Attorney.
FRED ". LEE. Stenographer.
| Waterville. Nov. II
| Isaac Weirer VS.. Nathan Buliawsky.
c. w. Hussey and J. E. Nelson for plain
tiff, Fred w. Clair for defendant.
This case was on trial all day yester>
day. The plaintiff testified that he had
given the defendant two notes. one in
February, due at the time he sold a car
of iron to defendant. and the other given
| in June, on SIX months time, and not
due at the time trouble commenced. The
defendant not only denied taking tho
June note, but denied that he had ever
negotiated it, stating that the deal in
June was a money charge for $1o5 in
stead of a note for 800 and a money ac-
count for s25 as claimed by plaintiff
During the noon intermission attorneys
for the plaintiff discovered that the Juno
note was in existence and further, that
defendant had negotiated the note at n
Waterville bank and had caused it to be
taken up only the day before.
Mr.. Clair had finished his closing argu-
ments when these facts became known
to the court The case was re-opened and
testimony introduced in regard to the ex
| istence and disposition of the note in
question.
Mr.. Clair Immediately withdrew from
the case ty reason of the evident false
testimony of his client
The Jury retired to consider the case
at 3 o'clock.
The court ordered the arrest of Mr.
Rarliawsky on Il charge of perjury, and
he was taken in charge by Sheriff Plais-
ted. Later he came in with Chas. f..
Johnson and recognized in the sum of
$1,000 for his appearance at the January
term of the superior court. William La
vine and Moses Redman. both Of Wat
erville. were his sureties.
| After considering the case one hour the
| iiry brought in a verdict for the plain
| tiff i'm the sum of $l35.s5
tn" next case in order was the F.. a.
Strout Co. VS.. Leslie Hubbard William
son & I'nreigh for plaintiff: H. ". Pat
ten of Bangor for defendant.
! This is Il suit for commission in the
| sale Of farm owned by the defendant.
and is based on a contract which contains
| the following provisions:
Il hereby place the property, real and
personal, Of which description has been
given. in your hands for sale If the same
/ is sold to any party through your influ-
enc2. by advertisement or otherwise.
Will pay to you or your order a commits
sion Of all you get in excess of $500, clear.
to me. In case 1 should sell the propertv
to your customer for less than 5000 !:
will pay to you or your order a commits
sion of SEQ: or if the sale exceeds $1,000
10 Per cent of the full amount Ct sale
This commission to he due and payable.
the day the sale is Effected
should l withdraw the said estate,
from your hands before You have effect
| Ell sale. I WILL in consideration Of YOU
having listed the property. pay you
forthwith 30 or . per cent of the asking
| price, If above $1,000
| Should the estate be sold either before
or after withdrawal to customer to
whom you or your agents have recon-
mended it. or who has learned that it
was for sale. directly or indirectly
through yen. YOU agents or your adver-
tisements. 1 will pay your commission
| as agreed"
! In case any money is paid to me to
pind the trade by any of your prospec-
tive customers and they forfeit this
money 10 me as damages for not keeping
their part of the agreement, I will nav
| one-half of said money to you"
| The execution of the contract was adj
mitted. The plaintiffs claim tina: the prop
erty was sold by reason of the recon-
mendation of the plaintiffs through their
sub-aG gents in Penobscot county.
| The defendant contends that If was
not sold by reason of such recommenda-
tons, but to Il purchaser who knew
about the farm previously. and had had
| talk with the defendant regarding =,
purchase Of it by him. and that the de-
PENDANT withdrew the property from the
hands Of the plaintiff prior to the sale
| which he claims to have effected himself
| The testimony in chief was concluded