Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1922-09-30
BELFAST -;
Retired Locomotive Engineer
of Delaware Sues Maine Far.
mer in Belfast Court

Ftndley, aged g.. in the Waldo county
supreme judicial court. when he was
called witness in his suit for $4,000
against ]. Henry Morris of Belfast
whom he charged with msrepresen-
! tation in a real estate deal. Il had
reached the age when the company
was to retire me and wanted a home
where l could live with my daughter
and her husband" he continued.
The case was opened Thursday aft
elnoon by Tudor Gardiner of the firm
OF Andrews, Nelson and Gardiner of
Augusta, John A. Nelson, examining
the witnesses. The first to be called
was the plaintiff, Mr.. Findley, for
merly of Wilmington, Del. He stated
that when he was about to be re-
| tired from the railroad service he be-
| gan to look about for a suitable home
to spend his years of leisure, a place
which also would be Of some income
TO him and where he could place his
daughter and husband, Walter J..
Childress, also plaintiff in the suit
Ee received among others a catalogue
from the Strout Farm Agency in
which number of farms were at
tractively advertised, two or three APP
pealinS TO him as suitable homes. He
wrote to the Belfast agent, Roy c..
Fish, telling him that he was to go to
Bar Harbor on business and would
arrive in Belfast on May II, 1920 and
this he did. He was accompanied BY
his son-in law, Mr.. Childress They
talked with Mr.. Fish that night re-
garding one or two places in the vi
entity of Belfast and next day drove
with him to the farms in which they
We're interested. One of these was
owned by j. Henry Morris of Belfast
and was situated about one mile from
the postoffice. The catalogue, Mr..
flndley stated, described the farm as
containing 104 acres but Mr.. Morris
when asked about it. said according
to the witness, Il Will guarantee that
1t is nearer 120 acres "He also guar
anteed," said Mr.. FinGey. that there
were 1900 fruit trees and we did not
count them taking his word as a CEN
tleman that this was true. as a mat
ter of actual count there were $50
less than that. He said that the
pasture land was entirely fenced in
by wire fence. when one side was not
, fenced at all; he claimed that the
farm cut 40 to As tons of hay. Welded
500 bbls Of apples, the pcrvious wear.
mat the barn was in good condition
! ana that me cellar was dry and suit
abie Tor keeping crops through the
winter, all of which was not as he
rcprcsented.' The plaintiff contends
that the farm contains but % acres
Mr.. Findley said he paid $500 down
:" hlnd the trade and later paid $500
Gown and gave notes covered by a
| mortgage for $4,000 and took over the
place. He claimed that he had NOT
bcen able TO make enough on the
farm to meet. his payments.
otner witnesses called by the plain
TIN were Mr.. Childress, Hiram p. Far
/ row civil engineer and Orren j.
Dlckey, real estate agent.
The Defense
! clNde r. Chapman of Belfast FOR
the defense called Mr.. Morris. the de-
y Hhdant 70 the stand and general
DENIAL OF the accusation was made.
Mt. Morris stated that he was born
and raised in the Annapolis Valley. \
= the greatest apple raising conn
lfE IN the world. He knew orchardv,
ne said. that he bought tho farm in
i'oo. that II was two farms put to-
sether 70 make one.
He said that he set ont a cood
/ many frult trees in addition to those
already there when he bought if He
paced the farm in the hands of the
i Strout Agency for sale but never saw
( me catalogue in which it was advor-
usod. tie claimed that he had not
misfepresented the amount of crons
tho farm Welded.
IN cross examination by Mr.. Mel
SON. Norris stated that he did no,
KNOW exactly how many acres there
were but thought that there were at
least 10. It was admitted. however
by both sides that one of the deeds
o. nc farms. that on which the home
pace IS situated, did not mention ,be
acreage but it was also admitted a.
cording TO reference 10 a former dood
that INC entire acreage of the tvo
two farms was IS acres