Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1910-05-06
WINDHAM COUNTY COURT.
Verdict for SturteVant Mil Co. to Recover
$5oe3o from Vermont Lime Co. Of
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Verdict for sturteVant Mill CO. to Recover
s5oe.3o from Vermont Lime CO. Of
Sherman.
The principal case on trial in county
court in Newfane this week has been
the suit of the Sturtevant Mill company
of Boston against the Vermont Lime com
pany of Sherman to recover the purchase
price of a grinder and Crusher of lime
The plaintiff contended that there was
promise on the part of the lime company
to give the machine a 1O-days trial and
to accept or return it at the end of that
time. The time expired and the mill com
pany sent a man to look over the machine
and make some improvements upon il
as 1t was not giving full satisfaction.
lie made an agreement to nut the
machine in proper condition. In a day
or two afterwards, which was about n
year ago, the mill company notified the
lime company not to use the machine
further and brought an action to recover
the price. The evidence showed that
after the suit was brought the lime
company used the machine. The defense
was that there was no acceptance of the
machine before the suit was brought.
Inc jury returned a verdict Wednesday
for the plaintiff to recover $5O6 30. Chase
Daley appeared for the PLAINTIFF and
II. G. and F. +. Barber for the defend
ant The case came on directly after
the verdict in the Hall-Royce case re-
ported last week which was a suit to
recover balance due on a logging con-
tract. In that case the verdict was for
the plaintiff to recover S1S44
Following the Sturtevant case the
guardianship case of Charles Fryor of
Londonderry, which was an appeal from
the appointment of guardian, took up
the time until last night. The evidence
OF Fryor tended to show that he came
rnT bfv, Fg,v-
and lived in different families and that
since nine years ago he had lived with
Ormando Wilbur of Londonderry He
Is now &c years old Wilbur never paid
him wages, but furnished board. clothing
and some spending money. There was
some testimony as to harsh treatment
Inc appointment of a guardian was made
on application of the selectmen of Lon
donderry. who felt that inasmuch as
Fryor was getting no pay for his services
he might become a town charge The
jury took the case at 40 yesterday and
at $50 they returned a verdict that Fryor
was able to manage himself and property
sustaining his appeal. The attorneys for
the town were l.. r. Pierce of South
Londonderry and A. f. Schwenk of Brat
tleboro. Fryor's attorneys were T. w
Gibson and r. c. Bacon of Brattleboro
Charles Deyo ana Albert Deyo Of Brat
tleboro. charged with transporting in
toNicating liquor contrary to law. were
released Saturday each furnishing $50
bail. Francis Deyo of Brattleboro.
charged with burglary. was released on
$500 bail. George Fecto Of Brattleboro.
charged with burglary, has not been able
to furnish bail and he remains in Jail
Archie St Peters Of Londonderry. con
victed of horse stealing was sentenced
to not more than five and one-half years
and not less than five years in state
prison and to serve. at the expiration of
that sentence. not more than two and
one-half years and not less than two
years for breaking Jail in Newfane
divorce has been granted this week to
Stella NJ. Dickinson Of Bellows Falls
from George II. Dickinson for wiIful de-
sertion, neglect and refusal to support