The Barre daily times. (Barre, Vt.) 1897-1959, 1916-02-09
PLAINTIFFS WON CASE.
Persons g. Berg Sued George w. Mann
on Automobile Deal.

At $3.50 o'clock last night the jury in
the Barre city court case Of Persons &
Berg VS. George w. Mann, an action al
leging a breach of contract, returned
verdict for the plaintiffs to recover dam
lagos of Sll9.2j and costs. the decision
having been reached after three hours of
ldeliberation The final report of the
foreman marked the close of case that
was started in the afternoon at o'clock.
~. Ward Carver. representing r. A. Hosr
by proxy, and +. r. Davis appeared for
the defendant and p. J.. Scott and @. D.
Carpenter represented the plaintiffs
Five witnesses testified for the plaintiffs
and three witnesses were put on the
stand by the defendants counsel
It is intimsted that the defendant,
Manu. viii ask his attorneys to carry
the case to supreme court OF exceptions.
/ The case grew out OF the sale OF a Stan
| ley steam automobile of the mountain
wagon type made by the defendant to
the plaintiffs in the late summer of 1914.
The plaintiffs at the trial, produced
guarantee made by the defendant in
which he promised to restore any defec
tive parts of the machine or to furnish
a new car If the steamer was not as he
claimed The defendants alleged that
the faulty opera ton of a burner made it
necessary for the defendants factory
representative to take the car to Boston,
thereby depriving the plaintiffs of its use
for II DAYS in August and September,
1914. Attorneys for Mann contended
that the defendant had lived up to the
intent of the guarantee.
W. L. Persons and John Berg, the
plaintiffs. were the first to testify. 4.
c. Nelson told of consulting with Mr..
Mann in behalf of the plaintiffs and +.
r. Du,is, counsel for Mann. was asked TO
testify as to an agreement made in his
Office by the litigating parties. Mrs.
Harry Thompson. who rode from Barre
to Woodbury. in the Stanley stage one
day, eorroborated the plaintiffs stories
of trouble with the burner. Much Of the
testimony was concerned with the trips
which the plaintiffs and the defendants
made over the Hardwick and Woodbury.
stage route Versions were furnished OF
fires which were alleged to have broken
out in the car while en- route.
For the defendant the first witness
was s. c. AIuzzey Of Boston, a mechanic
in the employ OF the Stanley company
who told Of making a trip in the ear. 0i
conferring with representatives of the
plaintiffs, and OF taking the ear to Bos-
ton for burner repairs. Sections OF the
burner apparatus were introduced a. eN
hibits in the hearing. A good deal of
Mr.. Muzzey's testimony involved tech
nic.d description OF the 1914 Stanley
burner a. compared with the 1918 burner
aid to be an Improvement. The defend
mt. Mann. was the last witness and ht-
tory OF the deal tended 10 substantiate
he claim of his attorneys that he abid
d By the spirit Of the agreement Mr
,larn gave an intimate history - the
mountain wagon transaction and corrob-
rated the statement made earlier ln
he trial that payments ON the car were
.ot made by the plaintiffs ia ,rctoruaars
With the first agreement.
Closing arguments we're ga a f3d
'clock aud a half-hour afteraarl. after
he charge by Judge n. ". scott. tlte
sse went 10 the jury. The ig7nts re-
urned on two occasiuns for Instructions
nd an intermissiou was granted on ar-
ther occasion for supper
The Jury WIS made up as -oihHtes
4 G. Iadd w p. shepard U Is ia1-
rick. e.. H. Pape. d. n. Hoyt t.earee
Wood. D. J.. Morse. Angelo ~e,HpHf.
4. q. Beek. o. X. Hnllister. iisrft r. Hat-
.rsou and D. T. Ward.