Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1918-03-13

SUPREME COURT
Case, Viles VS.. Kennebec
Lumber Co. Opened

dnco NtAtWeo Ooe TOT Logs, tne "a
Damnum Being Fixed at 10000
Case VIII Be Resumed This Morn
ing
LAUNDERING operations on Dead River
lands were the subject of controversy
In the case Of Blaine S. Viles of Au-
gusta VS.. the Kennebec Lumber Co.,
which was opened at Tuesdays session
of the supreme judicial court at the
court house and will be continued to-
day. E. L. Mclean and S. L. Fogg OF
the law firm of Williamson. Burleigh
& Mclean appeared as counsel for the
defendant company while Hon. w. Il.
Pattangall and H. E. Locke were at
torneys for the plaintiff.
This is an action in assumsit to re-
cover the balance claimed by the
plaintiff to be due him from the de-
PENDANT company for logs delivered
under a contract covering period of
three years. Under the contract
Blaine S. Viles and the Boyd & Har-
vey Co.. were to furnish the defendant
company with certain logs. Payment
was made for the first two years, but
not for the last year, the defendant
contending that there had not been
substantial performance of the con-
tract. The ad damnum was set at $3o,-
600.
While the contract was between Mr.
Viles, Boyd & Harvey and the kenne-
bee Lumber Co, to avoid multic!phclty
of issues the suit is between Mr.. Vlles
and the Kennebec Lumber Co. .. II.
Boardman of Augusta is manager OF
the Kennebec Lumber Co.
The plaintiffs contention as to SUD
stantial performance was that the eN-
cess of early years was to be applleu
10 diminution of the contract require
ment Of the last year. according 10
custom and the defendants expressed
request.
The contention Of the defenoant
company was that each year stooo ny
itself and that the correspondence pc
tween the parties was not inconsistent
with this view.
| In the bill annexed to the plaintiff
| writ the charges against the defendant
! company are as follows: April %.
| 1917 37.416 fir and pine logs, 1858, I9o
feet at s11 per thousand feet. $1SO26.6s;
hoard Of two men, "a IL days at $15o,
s123 75: feed for horses, s1.40; amount
! cue for scaling logs season 1Sl4-lS'
| S441.71; amount due scaling logs sea-
son 1856. $51299; amount due season
1867 for scaling logs. s449.sO; total,
I $40 S07.34. There is credit of $4,000 on
March 6, 1917, notes dated March 2, 1917
and due July 2, 1917. This credit from
the total amount left balance of $l4'-
607. "a which the plaintiff claimed was
due July 2, 1917, this together with IN
terest of s249 SO, making total OF $l4,-
$500.
All the testimony during the day
was directed to the point Of whether
or not there had been substantial per-
formances of the contract.
Juries Empaneied
The regular jury for the trial OF cases
was empaneled as follows FOREMAN
James F. Potter, Gardiner; Fred j. Locke,
Mt. Vernon: Guy l.. Mosher, Oakland;
w. B. shuman. Windsor; j. II, sanoorn'
Monmouth; William f. Jones, Randoiph'
Frank NJ Hanson. Waterville; Ransom ID.
Palmer, Augusta; Frank A. Raynes, Au-
eusta: w. E. Davis, Vassalboro; John
connolly. Hallowel. and John Coombs,
Watefville.
& The case was brought to trial, however,
before drawn jury composed of the
following men: Foreman j. Il. Potter.
John Coombs, w. E. Davis, G. l.. Mosher,
w. E. James, John Connolly and j. II.
Sanborn, all Of the regular panel; and E.
b. Tobey, Winthrop: Archie c. Bragg,
Gardiner; J. o. Peck. Winslow; E. l..
Worthing, Augusta; and Charles Young.
Augusta.
Case Opened
The first witness in the case was Blaine
S. Viles of Augusta, the plaintiff. He
testified that in the fall Of 1914 he had
contracted with the Kennebec Lumber
Co. to furnish it with certain logs. The
price of the logs he had contracted to
furnish was $11 per thousand feet deliv-
cred within the limits of the log driving
company. In connection with the contract
the logs were furnished by witness and
the Boyd & Harvey Co. jointly. At the
close Of the whole operations after the
three years he (witness) had not received
pay for the logs he had delivered and he
had gone over the accounts with Mr..
Boardman, manager Of the Kennebec
Lumber Co. In going over the matter
with Mr.. Boardman they had reached
an agreement as to the amount of logs
for which he had not been paid at the
end Of. three years. 1t had been agreed