Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1910-03-17
Goes the Case of Maine
Farmer Co. VS.. Rowe.
Jury to Deliberate To-day on
Lumber Case.
SANDER Case Of Readfield Parties
On Trial List for Today.

At the opening Of the supreme
court Wednesday morning the trial of
! the case of the Maine Farmer Publish
| ing Company of Augusta versus
ISumncr Rowe of Waterviile. an action
to recover $3.50 in breach of con-
tract for the publication OF the poiiti-
cal history of WateVile, written by
Clement NJ. Giveen. was resumed.
| George Fl. French of Augusta, man
ager of the Maine Farmer Publishing
| Company. was called to the stand as
| the first witness He testified to his
| company printing the books and they
We're shipped to Clement NJ. Giveen at
Waterville because he had been fur
nishing the copy and reading the
proof on it and also because Mr..
Given was the author of the book.
No money has been received by the
Maine Farmer Publishing Company
for printing the books and no COM
i plant has ever been made of the quail
| ity of work done.
On cross examination by Attorney
Clair the witness testified that when
| Mr.. Giveen asked the witness to print
the books he (the witness)- informed
Mr.. Given that the work would be
l
| curity for the payment.
| Contnuir@ the witness testified that
a bill for the work was sent to Mr..
| Giveen. The witness went to
Waterville and saw the defendant,
who refused to pay for the books on
the ground that they had not been de-
livered to Mr.. Given instead of to the
defendant. Later the witness had a
yr-hn NV
Mr.. Giveen was to have 1855 of the
books on the payment of $1.2S each for
them. The witness did not remem-
Der of telling the defendant that he
(the defendanD was relieved of all
Mr.. Giveen.
| testified to going to the Maine
Farmer office to make arrangements
| about the publication of the book
| The manager Mr.. French. told the
witness that he would be obliged to
have some security for the printing of
the book. The witness saw the de-
| PENDANT who signed the contract for
| the work, the understanding being if
the work was a success, the witness
should give the defendant the sum of
500. Witness also gave the de-
PENDANT a mortgage on the books
ON cross examination the witness
tested that he had disposed of about
| 90 of the books when he signed the
contract with the Maine Farmer Pub
fishing Company after the defendant
had refused to pay for the books.
Sumner Rowe of Watcrvillc, the de-
PENDANT testified that the first he knew
that the books had been delivered to
Mr. Givcon was when he saw an at
torney reading one OF them. The de-
PENDANT asked Mr.. Givccn how many
Of the books he had sold and Mr..
Giveen said he had sold $50 worth.
MI Giveen told the defendant to wait
until the following day when he (Mr.
fiVeon) would send 800 to the Maine
Farmer Publishing Company as part
payment for the books.
ON cross examination by Attorney
iiolWay the Defendant testified that
IN" plaintiff had never given him any
r"l"aS" from liability for the pavmcnt
of the books.
! After the evidence on both sides had
pceh presented the case was taken to
the law court on report
ne N"Nt cas-. to be heard before
thc Jury was that of Freeman 7. Miner
OF NaSsait ORC versus A. w. Spauldina
"a "'ilflr'd. This is an action with ac-
t"'ll' annexed to recover the sum of
$22'.93. Including interest. for outline
h""ln@ and sticking lumber. mostly
| pm" and hernlocf. ut Sc a thousand
me defence contonded that all of the
lurGbcI charged had not been delivered.
J"Ser' Williamson and Ernest Nc
Lean IF Augusta appeared as counsel
| Tor TIE 'lairtiff and George NJ. Chan
| man Of Fail field for the defendant
The arguments and Justice Savaee's
charge had been comoleted when the
| court adjourned late Wednesday after
noon until Thursday morning
The next case on the docket is that
| OF freeman 7. Miner and Arthur +.
Miner. h"tn Of Nassalboro versus A.
W. Spaulding of Fairfield to recover
| the sum of $500 OH account annexed.
The SANDER case of Edgar A. Leemar
versus Calvin Eldridge, both OF Read
field, IN which the ad damnum is placed
| at $4,000, is on the trial list for Thurs
dav. w. II. Fisher of Augusta ap-
pears as counsel for the plaintiff and
Fred Emery Beane of Hallowell and
e. f. Peacock of ReaGfield for the de-
PENDANT.
Court will convene at $50 O'Clock
this morning
Funeral of Late Earle X. West.
no