Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-09-11
READF|ELD CASE.
Action to Recover for
Alleged Shortage
In Hay and Grain Delivered
In Sale Of Farm.
Another Civil Case Saturday,.
Grand Jury Still in Session.

~ Ni'NiiN uety L iuetS W. tuhSii III
in the superior court with single
case, that of Pierce VS.. Cole a Read.
field case in which the plaintiff seeks
to recover for alleged shortage and de-
ficiency in hay and grain delivered by
the defendant. The case Went to the
jury at 5.35 P. NJ. with Instructions to
bring in a sealed verdict at 8 O'Clock
Saturday morning.
The case of Joseph n. Haley ".
Rhoden Buker is assigned as the frs.
civil case to- be tried Saturday. This
is case to recover fOr board. Will
hanson & Rurleigh appear for plain
tiff and Cleaves, Waterhouse and Elm
cry for defendant.
County Attorney Guy A. Hildreth Of
Gardiner is having busy week with
the grand jury and that body is not ex-
pected to rise before Monday at the
earliest. Witnesses in number Of
Waterville cases were summoned be-
'ore the grand jury Friday.
The case OF Pierce VS.. Cole was
taken up when. court opened Friday
morning. This is Readfield case in
which George A. Pierce brings action
against Charles j. Cole in the sum Of
i259.20 for alleged shortage in hay and
small grain and damage to corn sold
the plaintiff in connection with the
al" to him of the Cole farm at kent's
Hill. Joseph Williamson appeared for
the plaintiff and M. E. Sawtele
or the defendant. The case was
laced on trial before the first jury.
(,on>,Dn A pIarna Grcf
ness called by the plaintiff. He testi-
led that he purchased the Cole farm
n 1907 through the z. A. Strout farm
agency Of the defendant agreeing to
)ay the sum Of $41O0 for the place and
PERSONAL property scheduled, includ-
ng hay, corn and other grain. He
laimed that when he returned to the
,lace after the purchase had been
made he discovered shortage in the
hay. TIE oats and wheat We're
bought in the straw on the NOW and
he corn in the field. When witness
'eturned he had the oats and wheat
hreshed and found a shortage. The
ORR had been harvested during his
lhsence and the greater part of it was
Unfit for use. A sample OF the corr
DIS SllON IL ~ Lie Jul y. w llIeSS was
siven searching cross examination
" Attorney Sawtelle in regard to the
lUantity of the grain and hay found
~ him on his return. His hay was
l tons short Jan. i, 1908, and he got
)ut IS bushels of oats when he should
nave had 100. Witness admitted or
ross examination that no mention was
made by him of shortage until Mr..
role had threatened to bring suit for
he balance due on the farm. Wit
,ess admitted that ne had offered at
me time to settle his claim against
ole for s16J
Lester H. Strout of Readfield. agent
or the r.. A. Strout farm agency.
estified in regard to placing the farm
n this agency for sale. Witness stated
hat the contract was written by Mr.
ole. Cross examined witness testified
hat Mr.. Pierce had never made any
lain to him that everything about
he place was not perfectly right and
satisfactory.
A. S. Nickerson of Readfield. testi-
led to measuring the hay in the barn
u the Cole place in June last ana
ave the detailed figures of his meas
lrement.
Charles j. Cole of -Kents Hill waa
he first witness called by the defence
lie testified that an estimate of 80 tons
ras put upon the hay by both himself
nd Mr.. Pierce when the trade was
made and that the corn was property
AIRED for at the time OF cutting. Wit
ness objected to number of the
mailer items in Mr.. Pierce's bill Coz
ire wood and picking over potatoes
Witness was not advised in regard to
my shortage or gains or damage to
'orn until the following June when he
made demand upon the plaintiff for
he balance of money due upon the
arm. Defendant admitted on cross
examination that the quantity of hay
vas merely an estimate.
Mr.. Strout called by the defence
testified that the average amount OF
lay cut upon the Cole place for the
cast 90 years had been 80 tons.