Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1918-03-16
FOR PLAINTIFF
Verdict Of $13,736.23 in
Lumber Case

Jury Out Two Hours-Sut Was
Brought by Blaine S. viIes Against
ksnnebee Lumber Co. to Recover
$4,000 for Logs Under Contract
The jury after being out two hours in
the case of Blaine s. Viles of Augusta
Vs. the Kennebec Lumber Co., came in
Friday evening, reporting a verdict for
| the plaintiff of :13.73s.2S.
PRINCIPAL Features Of the Case
The case Of Blaine S. viles Of Augusta
| vs.. the Kennebec Lumber Co. was opened
| at the Tuesday session Of the court it be-
| ing an action in assumpsit to recover the
! balance claimed by the plaintiff to be due
him from the defendant company for logs
delivered under a contract covering a period
of three years. The ad damnum was set
at $50, 900.
| In the bill annexed to the plaintiffs writ
the charges against the defendant company
amounted to s1e,607.34. There was cred
it Of $4,000 on notes. This credit from
the total amount left balance Of S14 GOT "a
which the plaintiff claimed was due July 2,
1917, this together with interest of $249.36,
making a total of s14,s56.7o.
According to the contract. Boyd & Har-
vey and Mr.. Viles were to furnish the Ken
| nebec Lumber Co. with logs delivered on
| the banks of the Dead river. The contract
was for the years 1914-15, 1856 and
! 1851, the first winter about 1000, 900
feet, the second winter about 5000 600 and
the third winter about 100000.
Defense claimed that the plaintiff had
made a breach Of the contract in not fur
nishing the number of thousand feet of logs
called for during the winter of 1861 and
also that the plaintiff did not show good
faith In his performance Of the contract
| and having preached his contract he could
not recover in the action unless he could
show that he did act in good faith and
substantially performed the contract, which
the defense claimed he did not do
Case Resumed Friday Morning
The first witness at the Friday session
was Ralph Wing Of Flagstaff. who complet-
ed his testimony of Thursday in rebuttal.
He stated that the size of logs cut for Hen
derson at Bog Brook was to six inches at
the top. while those for Boardman by the
contract were to five inches at hte top. None
| OF the butts Of trees went to one purchaser
and tops to another. Six camps were op-
Grated at Bog Brook.
Witness upon cross-examnation by Attor.
ney Mclean testified that all six camps on
Bog Brook were sending fir to the Kennebec
Lumber Co. for a short time. The sorting
took place at the yard at Bog Brook and
he directed this sorting, doing it at the
| request OF and pursuant to the instructions
OF Mr.. Viles. Mr.. Wing had represented
Mr.. Viles when he was not there. At all the
camps on Bog Brook they were cutting logs
for the Cushnoc Paper Co. as we'll The
method was to first send out to the Kenne-
bee Lumber Co. and then to the Cushnoc Pa
per Co., this being followed out at all Of
the camps The big saw logs at all of the
! camps were taken out and sent to Bradstreet
Upon redirect examination Mr. Wing said
that each camp had a scaIer and some
camps had two. The big saw logs we're
cut for the Cushnoc and Mr. Bradstreet BY
taking out the big saw logs, witness had
meant taking out of the pulp In cutting
the larger trees were marked to Bradstreet
and the smaller trees TO the cushnoc Wit
ness considered the medium size fir there
a better quality than the large Again upon
| cross examination witness said that the fir
oSit " DiauStTeet was very SOOO. AT the
same tire they were sending logs to the
Kennebec Lumber Co. from the same opera
ton and cutting they were sending logs to
| Bradstreet
Almon b. Sargent of Stratton testified
that he operated for Mr.. Viles during the
three years of the contract. on the Upper
Dead river. In 1851 they we're operat-
ing there for the Kennebec Lumber Co. and
there were three or four camps for that
{ work. At the start of the winter they had
| expected to get 100000 or 600, 600, but
they actually got only 100000 He was at
the Ledge House when Mr.. Viles and Mr.
Boardman had talked over putting pine in
/ the fir cut.
! When examined witness stated that
early in the winter of 1861 it become
manifest that it was going to be a hard
winter Mr.. Boardman had a man there
looking after his interests so witness did not
f., inform Mr. Boardman that they were not
going to get the amount OF fir anticipated
They got about 100000 for the Kennebec
, Lumber Co.
The last witness In rebuttal was the plain
tiff. Blaine s. Viles of Augusta, who testi
fed regarding other contracts besides Mr.
| Boardmans that he had been unable to fill
| that year, and he said that in an effort to
i, fill Boardmans contract he had changed
camp on Bog Brook to his mark, mourning
an extra expense. He had made an en-
deavor to get this cut of logs.
Arguments were then made by e. L. Nc.
Lean. attorney for the defense, and Hon. w
r. Pattangall, counsel for the plaintiff As
sociate Justice John A. Morrill, gave the
charge to the jury at the afternoon session
This was the last case for trial at The
March term OF the court
l mn AYINYr COMM ArnINrxr