Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1920-04-10

rived they nltcneQ d plouSh oA'o @.>o
tractor. They had to take out the
spark plug and it took an hour to get
the engine started. The tractor was
not operated that morning in any
place but where horse could go,
the witness said. Neither Mr.. Wight
or any of his helpers came up after
that to aid Mr.. Brown. The tractor
was hauled to the barn by horses.
Mr.. Brown asked Mr.. Wight how
much he would have to lose to have
Mr.. Wight take the tractor back and
Mr.. Wight said he could not take the
machine back.
ATTORNEY Mclean conducted cross
examination. The fall Of 1918 was
very wet ploughing season and Mr..
Brown said ne had not done much
ploughing because he hadn't got
around it. The caterpillar tractor at
his farm in the demonstration had
farm tread. Then there was an ice
tread for winter use. The witness
said they did not tell him the differ
ence.
Didn't the tractor set several
days in the rain?"
Il don't recollect." Witness said
Mr.. Wight said the tractor would not
start readily because of the rain, in
reply to further questions.
The various duties of ice treads
and snow treads ON tractors formed
an important part Of the testimony.
The letter alleged to have been writ
ten by Mr.. Brown to Mr.. Wight in
which plaintiff says he did not buy
tractor as farm machine but to use
in the woods and letter written by
Attorney Titcomb to Mr.. Wight We're
introduced by Attorney Mclean but
not presented as exhibits of the de-
fendents
Attorney for defendant objected to
what might have been said by Mr..
Smith and Mr.. Green at time of
demonstration. The judge ruled that
only conversation admitted that was
made in presence of Mr.. Wight.
Afternoon Session
Edward 0. Brown, the plaintiff
took the stand and continued his
testimony in the afternoon and was
excused after a brief cross eXamina-
F., ton.
was called as witness for the plain
! tiff. He testified that he went up to
| Browns place at Browns request to
run the tractor and pillow. He took
! out the tractor. hitched it onto the
] plow and started down the bank
toward the river. At the lower end
| of the field he turned the tractor
around with some difficulty. He
then started to pillow and the tractor
would not go ahead, it would go al
right without pulling anything. but
would not pull the pillow. He expert
mented about an hour and a half
| with ii and then drove back to
! Browns place without the plow. He
testified under cross examination
| by Attorney Southland that the en-
CINE went all right. but the tractor
would not go ahead. that it was all
| q matter of traction. that the tractor
old not get sufficient grip on the soil.
, He asserted that the soil was rather
greasy. that it was freezing nights
! md thawing days.
. Plaintiffs attorney. Samuel Tit
comb took the stand. He testified
! that Brown had come to him with
! the story. Attorney Titcomb saw
| Wight who expected Mr.. Green with
| in few days. but Mr.. Green did not
show up. Mr.. Titcomb went to
i Wight again and Wight said he
! couldn't under any circumstances
| take back the tractor. Cross exam
ined by Attorney Mclean Mr.. Tit
hot he
Wight in the latter part of April
1919. He wrote several letters to
Wight asking that something be
done TO adjust the matter.
The jury was excused and Attor-
ney Mclean made a motion for
nom suit. In support of the motion
he contended that the title to the
| freight sheds here in Augusta. He
also brought out that Browns mem
! DRY was very poor. citing that
Brown. in a letter. stated that he
didn't buy the tractor for the farm
but as a tool for use in the woods"
a letter by plaintiffs attorney on
May l9 stated that the tractor had
not done what was expected of it
and therefore the contract should be
rescinded and restitution made. At
torney Mclean asserted that the
plaintiff had no right to rescind for
he kept the machine from November
until March before he made an eff
fort TO rescind it.
In arguing against the motion for
a non-suit Attorney Maher for the
plaintiff stated that in the matter
of delivery the tractor was not in
the freight shed when the plaintiff
paid for it by check, only two gang
plows were there. therefore the
tractor was delivered at the plain
| tiff's place in Vassalboro where the
title would be passed. He argued
that Brown was fair in his dealing
and expected TO lose something by
having the machine taken back. but
Wight refused 10 take il back
Brown wrote to the Wentworth Cor
poration about the matter and was
told that il was between him and
Wight. Then he consulted an attor-
new 1t was in March that BROWN