Daily Kennebec journal., 1911-04-08
SUPERIOR COURT,
Jero!man-FIynn Case Wins
SIS for The Plaintiff.
Suit Was Brought 10 Recover
The Sum Of S73.27.
Expected That Criminal Docket
Will Open Next Week.

The Friday session OF the superior
court was taken up With the ease OF
W. l.. JerolE2an of South China vs..
Themds Flynn of North Nassdlboro
THIS was an acticn brought by Jerol
man to recover the sum Of $73.27 for
lumber whieh he sold the defendant
and Which the plaintiff claimed Flynn
refused to pay for. The defence claim
ed that the lumber was not fit 20 use
and so notified the plaintiff who did not
come after 1t. or come to See about it
after being notified. Williamson. Bur.
leigh & Mclean of Augusta appeared
fer the plaintiff while Carroll Perkins
of Waterville appeared fer the de-
ferdant. The case went % the jury at
3.45 and 20 minutes afterward they
returned a verdict in favor OF the
plaintiff in the susA cf S2S.
w. K. Jcrolnan, the plaintiff was the
fFst witness called, and he testified as
10 making the agreement with Flynn
to sell him some lumber. A few days
after this agreement took place, Flynu's
boss carpenter sent an order with
schedule of dimensions to the witness
who ordered his men TO fill it out. The
order was filled out for he hitched up
and drove to the Flynn home where Mr.
Flyln helped him dnload it. 1t was
/ between 5 and clock and not dark.
! when he delivered it. He met Mr.
Fitzgerald on the road and Fitzgerald
seemed satisfied with the lumber. A
few weeks after he received a letter
I from the defendant telling him to come
and get his lumber as Fitzgerald was
not satisfied with it. On cross ex-
animation he said that he did not tell
| Fitzgerald that it was half clean, but
that it was good.
+ Smith S. Randall was called and he
gave the court some information con-
corning the rules by which lumber was
J bought and sold. Louis 4. Mossman
OF south China was then called and
he testified that it was under his super
vision thar the lumber was sawed. and
he stated that it was a good lot Of
lumber, but not first class. This con-
clrded the testimony of the plaintiff
and the defendant, Thomas y. Flynn
was called.
Mr.. flynn testified as to the aarec-
ment. and said that he told the plain
tn that If the lumber satisfied Eitz-
gerald that he would pay for it. He
SAID that he was no judge of lumber
He told of the sending of the letters to
JerClman. and said that his wife wrote
them at his request. He said that he
rad covered the lumber so as to shield
1t from the rain and he had never
touched stick of it. Mrs. Thomas
Flynn was then called and She testi-
aed that she wrote the letters at the
request of her husband.
Witness testified that she wrote
three letters. one of which contained
money order for the first lumber her
husband bought. Charles Fitzgerald
oi Waterville was then called and he
testified that he was the carpenter who
mad the contract for building Flynn's
/ house. and he also testified as to- send
| ing the order schedule to the plaintiff.
lie said that the lumber which plaintiff,
/ sent vas not fit to be used in the
mouse, and he refused to take it, Mr.
fltzSera!d also gave Information con-
cefhlng the buying ana selling of lum-
Der. This concluded all the testimony
and at the opening of the afternoon
| session Attorney Mclean requested the
court 10 have the jury sent from the
: room, ara it VAS done. Mr., Mclean
tleh ASKED Judge Hall to instruct the
Jury 10 bring in a verdict for the plain
tlff but the request was refused and
the jury was recalled.
The next case on the docket will be
that Of Mrs II. Hamlin of Old Town
VS.. J. Nj. !iurd OF Winthrop. Charles
W. Husscy Of Waterville will appear
Tor the plaintiff while II. f. Foster ol
winthrop will represent the defendant
me c&-e to follow that will be A. f.
Lewis of Farmingdale vs.. William II.
teitls of Randolph. o. p. Clason Of
Gardiner viii appear for the plo:ntifr
hhHe Wa G Atkins Of Ga.dncr Tor