Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1921-09-12

| contract with the defendant in 1920.
/ Plaintiff claimed damages in the
sum of $264S. Attorney Percy Smith
of Fairfield was counsel for Mr..
Jeffrey and Attorney A. 4. Butler Of
| Skowhegan represented the defend
ant.
Verdict was returned for the
plaintiff for s2,575.40. the jury de-
i liberating about two hours on the
| case
The plaintiff, Mr. Jeffrey testified
that in July 1920 he had CONVERSE
ton with Mr.. Moore regarding rough
and pealed pulpwood. that they
made contract for pealed pulp
| wood and later a contract for rough
pulpwood. Prior to that they had
entered into another contract, but at
that time the first one was aban-
| doned
! The contract for 100 cords of
| pealed pulpwood of sound spruce
and fir forest growth at the price of
| ST. per cord at the siding, was then
read by Attorney Smith. OF this
amount, plaintiff testified that he de-
| livered 50 cords. Attorney Smith
also read the second contract calling
for 200 cords of rough pulpwood at
$14 per cord loaded in New Bruins
wick. Plaintiff testified that he de-
livered 800 cords of the rough. He
had shipped cars as directed by Mr..
| Moore, for the most part to the
hennebec Pulp Co, at Skowhegan.
He had received in all $1,000 from
Mr.. Moore.
i Plaintiff upon cross examination
by Attorney Butler told of his con-
versation with Mr.. Moore when Mr..
Moore had given him orders to ship
pulpwood to the Frazer Co., in New
Brunswick. He began shipping, but
in January Mr.. Moore cancelled this
order for the Frazer Co. He had no
orders to ship there, but instead of
unloading. some cars were sent to
the Frazer Co. and were received by
ithat concern. Plaintiff said he ex-
pected to deliver by contract 200
cords of the rough and 100 cords of
the pealed pulpwood, although it
might be little more or less AS a
matter of fact he got out 294 cords
of the rough pulpwood and So cords
of the pealed. He claimed that he
had no agreement to furnish pulp
wood to Moore except as expressed
in the two contracts. The defend
ant had told him to ship green pulp
wood to Skowhegan. Up to January
he had expected that all of the wood
would go to FraZer's, but later he
shipped two or three cord to Fraz-
cr's after he had been told to send
iall to the Kennebec Pulp Co. He
understood that there was embargo
on the shipments to Frazer's at that
time.
Defense
The defense made no controversy
as far as the written contracts were
concerned, but claimed that Mr.. Moore
was getting. lumber for the Frazer Co.
at New Brunswick. In July last year
he went to Mr.. Jeffrey and agreed to
purchase from him about 100 cords
lpceed and 200 cords in the rough, and
was always ready to receive the lum-
Der, but for time there was an en-
barge on the shipments to the Frazer
Co. in New Brunswick In Deccm-
Der of last year there was a change
in the pulpwood market, the market
for the rough falling off. Mr.. Moore,
representing Mr.. Jeffrey and several
other men. had come to Maine where
the market had held up, to arrange
for sales of pulpwood.
! Defense claimed there was third
contract made in December whereby
jeffrey was to ship surplus he had
Co at $40 per cord, delivered at Show
L heCan. The frei2ht WAS So uer cord