Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1921-01-15
SUPERIOR COURT
Auto Cases Heard at
Friday Session

Gases of. Jacob Brisk Of Gardiner Va.
Falmouth Garage 4 Tire Co, and
the Falmouth Garage & Tire Co.
We. Brisk Opened and Will BE Con-
tinued Today-criminal Docket at
z p. m. Today
Whether orr not there was any
breach of warranty in the sale of an
automobile to Jacob Brisk of Gardi-
ner by the Falmouth Garage & Tire
Co. of Portland, was the question for
the jury to decide in the first case
before the. superior court at the
January term. which were heard on
/ Friday. Two cases are tried togeth-
err, the Falmouth Garage & Tire Co.
of Portland VS.. Brisk, and Brisk VS..
the Falmouth Garage & Tire CO.
George w. Heselton of Gardiner was
attorney for Mr.. Brisk, and Ernest
L. Goodspeed of Gardiner and Lester
j. Brown Of Portland were counsel
for the automobile concern.
A large part of the case of Mr..
Brisk was put in at the Friday ses-
sion and the hearing of the cases
will betfesumed this Saturday morn
ing.
In one of the cases the automobile
company claimed damages in the sum
of $50 for repairs made upon the
automobile after it had been pur-
chased by Brisk. Brisk in the case in
which he was plaintiff, claimed dam
ages in the sum of $500 for an alleged
breach of warranty.
Six witnesses were sworn in for
Mr.. Brisk.
Jacob S. Brisk of Gardiner upon
the witness stand testified that on
June IT or is, 1919, he had purchased
a Chevrolet touring car from the
Falmouth Garage & Tire Co. of Port
! land. He testified that on the date
alleged he had at his home met
Mr.. Hall, representative of the
! automobile concern, who had stated
that he had come to sell him an
automobile. According to his testi-
mony, Hall had told him that the car
was d 1919 car, had been used as a
demonstration car, although it had
; been run only 400 miles. Hall had
said the car price was $1275 and he
offered to sell it for s11O0, also saying
that he would teach Mr.. Brisk's son
| TO operate the car and take care of
the car repairs for one year. Fol-
! lowing conversation between Mr.
Brisk and his attorney. Mr.. Heselton,
over the telephone concerning the
matter of securing a written guaran-
tee on the car, Mr.. Brisk had asked
Hall for written guarantee, but
Hall had replied that any garage
| that sells a new car does not give a
guarantee in writing, and that the
| lawyer who had told Brisk to get a
written guarantee, did not know his
business. Mr.. Brisk further testified
| that Mr.. Hall said that the company
| would stand behind the car and If
anything happened the manufacturer
| would make it good. Relying upon
| Mr.. Hairs word, Brisk bought the
car. paying $1,000 for it--a check for
| $500 and note for $780, The
troubles that he afterwards had with
the car and the repairs that were
IlldQe upon 1t were testified 10 Dy Mf.
Brisk, who stated that he received a
| bill for $50 for repairs that the auto
mobile company made on the car
Brisk stated that he knew nothing
about an automobile and it's mechan-
ism. He said that last year he had
been shown the figures on the motor
of the car and had learned that it
was 1918 automobile.
Upon cross examination by Attor-
ney Goodspeed, Mr.. Brisk stated that
he had hired Charles Clark of Gardi-
ner to teach his son, Maurice, to OPP
crate the car. He stated that he
thought the car had been run only
400 miles, but on trip to Brunswick
and Bath they had trouble with two
tires and were obliged to purchase a
new tire. When Mr.. Brisk was asked
if the car runs well now, he replied
that it does and it ought to for he
had paid out between $500 and $500
for repairs on it.
Mrs. E. Heyman of New York.
daughter of Mr.. Brisk, testified re-
garding her father purchasing the
automobile and the statements made
by Mr.. Hall about Tire car, her testi-