Daily Kennebec journal., 1916-04-14

to Augusta SO or "a days after the sale
to Augusta to collect the balance due
He testified that he had put new parts
In the car. and he had told Mr.. Soule
and Mr.. Ellinwood that he had bought
the car for 1912 model and that years
model he considered one of the best the
company ever but out. The car when
Houlehan had purchased it had 1914
body and 1919 mud guards and he
thought It was q 1912 model. Mr.. Ell
Iinwood had said. IT will take the car
and take q chance at it." And he spoke
Of the repairs he had made on the car
and the new parts he had put on. The
car had cost him at first $125. He had
not told them that the car had been
thoroughly overhauled He made a price
OF $3.50 on the automobile, which had
cost him $500.
Witness upon cross-examination said
that the suit did not surprise him; he
thought there was something wrong. Mr..
Soule had wanted to know the price of
tho car when he first saw it and witness
had made the price Of $3.50 before he had
reckoned what all his expenses on the
car would amount to.
Walter ]. Grover Of Gardiner testified
that in November he was working at
Houlehan's garage. He was there when
the repairs were made on the car and
also when the car was sold. He had
heard Mr.. Soule tell Mr. Ellinwood that
it was a good trade. Witness had gone
later to Augusta to see Mr.. Ellinwood to
sec II he could get anything on the bill
Mr.. Ellinwood had said he would go and
see Mr.. Houlehan in few days but had
made no complaint whatever.
Ray Moore Of Gardiner testified about
the repairs that had been made on the
car by Mr.. Houlehan.
In rebuttal Mr.. Ellinwood and Mr. Pea
cock were called. Mr. Ellinwood said
that after Mr.. Grover had called upon
him he went to Mr.. Houlehan and asked
him If 1t was 1912 model and Mr. Hou-
lehan had said it was, whereupon Mr.
Ellinwood informed him that 1t was not
The case was given to the jury at $40
P. NJ. and the jurors returned their ver-
dict in just one hour.
Fosteria vs.. MetcaIf
In the last of the civil cases to be
taken up at this term of court, that of
Frank Fosteria, alias Frank Foster, of
Augusta VS.. Donald c. Metcalf of Au-
gusta. Judge Beane instructed the jury
to return its sealed verdict at the open
Ing Of court this morning. This action
is for the recovery of $24O which the
plaintiff claims is due him as wages at
$12 a week from July 12 1915. until Nov.
80, 1915. He alleges that he was employed
by the defendant as tailor at the estab-
lishment of the Augusta Wardrobe Sys-
tenn. Although no contract had been
made about the wages Foster should re-
ceive, he claimed that as qualified
tailor he was entitled to good wages.
Fortunat Belleau Of Augusta was at
torney for the plaintiff. frank E. South
ard Of the law Office of Williamson, Bur-
leigh & Mclean was counsel for the de-
fendant.
On the stand the plaintiff testified that
he came to Augusta on July Z, 1915, and a
few days after his arrival he secured en-
ployment at tailor at the establishment
Of the Augusta Wardrobe System, which
was then run by Donald c. Metcalf and
Harry Avery of Augusta. When Avery
left the partnership it was arranged that
Foster should work there until all the
outstanding bills were paid and then he
should be taken into partnership with
Mr.. Metcalf. But no arrangements were
made then as to the partnership. Mr..
Metcalf wanted it to appear that he had
tailor in the establishment. AS tailor
witness testified that. he should receive
81 week, although in the suit he asked
for only $12 week.
Upon cross examination witness said
that he thought he had received for
his work $1O0 but he could not state
that If e1SQ ha
ing his name with Mr.. Metcalf's were
printed without his permission but
witness had made no protest when the
cards were put out. He was not in
partnership when the cards were put
out. Although he had been introduced
as Mr.. Metcalf's partner he had raised
no objection. When he came to Au-
gusta he had only his thimble to work
with. Mr.. Metcalf had bills amounting
to $50 to pay before the witness was
TO De taken into partnership. The part
nership was never formed.
Claim Of Defendant
The claim of the defendant was that
Foster had nothing when he came to
work for Metcalf and Avery. When
avery left the partnership Foster
"oASCu u ldhc NOlQ while thew were
paying the bills and that he was to he
Mr.. Metcalf's partner in the business.
Foster stayed until December and took
MS pay as he needed it. He acted as
the partner of Mr.. Metcalf doing bust.
ness under the name of the Augusta
wardrobe System. And as partners the
suit should not be brought. Whatever
Foster had coming to him he had al
ready taken or had been given to him.
Donald c. Metcalf, the defendant.
testified that Foster, had acted as his
partner in the business and he had
given to him $11S.15 in cash as well as
trimmings worth $40.
Alfred w. Johnson of Augusta said
that he had in the presence of Foster
asked Mr.. Metcalf for chance to on
IN business with him and he had re-
ceived the reply, 1.-TWO is enough: there |
isn't chance for three"
Maurice G. Small of Augusta said
tnat last August he was employed hv
the Augusta Wardrobe System and Mr.
Metcalf had introduced Mr.. Foster to
him as his partner and Foster had
made no objection.