The Caledonian-record. [volume] (St. Johnsbury, Vt.) 1920-current, 1922-02-11
NEWPORT MAN
DEFENDANT IN
AUTOMOBILE CASE
ID. |. Grapes of Lyndon
vile Sues John ROGUE
of Border City

in a case in County Court Friday
between David |. Grapes, the
we'll known Lyndonville garage
proprietor, and John ROGUE,
the former proprietor Of the New
port bottling works.
Testimony in the case went to
make its history about like this
In June, 1918, w. w. Marshall of
Hardwick, VINO spends his win
ters in Daytona. Florida, purchased
a Hudson car of the Silsby gar
age in St. Johnsburv. later the
car was traded with ID. |. Grapes
of Lyndonville, after it bad been
run by Mr.. Marshall to Florida and
back twice and had accumulated a
total mileage of something like
10000 miles; Oct. 8, 1920, Mr..
Grapes took the car to Newport
and sold it to Mr.. ROGUE, receiv-
ing a Ford car, $500 and d de-
mand note for e900 in payment;
the price of the car was $4,000;
Mr.. ROGUE went to Florida with
the car; had a up-keep and re-
Fair expense of $500.
When ayment of the note was
demanded it was refused on the
ground of false warranty; in the
meantime there had been a big
slump in prices Of cars.
Mr.. Grapes testified that Mr..
ROGUE was told that the car was
a 1918 model and had been run TO
Florida at least one trip. He
claimed that the defendant seemed
perfectly satisfied with the trade.
Mr.. ROGUE claimed that when
the car was offered him that he
told Mr.. Grapes that he didn't
want a car over a year old and that
Mr.. Grapes told him that the car
had been run less than year,
The testimony of the witnesses
for the contendinp parties wds
s"'larely contradictory on this
point,
Besides Mr.. Crane the witness
for the plaintiff were Mrs. Grapes,
and their son, Clarence, and his
wife who rode to Newport
with Mr.. Grapes the day the trade
was made and who heard the cor.-
versation and Harold Grape, a
workman in the Grapes garage,
who put the machine in a condi-
ton that he said was perfectly
satisfactory to Rocque. Clarence
Grapes, who works for his father
in the garage, was asked about
the Ford car taken in the trade
as part payment for the other car
and was asked what the talk was
about it. "Therc wasn't much
talk about the Ford said the
young man, "it wasn't worth it,"
The witnesses for the defense
included Mrs. ROGUE, wife of
the defendants; Frank H. Wheel
er, the Newport liveryman; Frank
Blaisdell who was driver of Mr..
Rocqucs truck at the time; Law
renee +. Brandon, foreman of
the Lindsay garage at Newport.
Mrs. Rocquc made the trip to
Florida with her husband and tcs-
tilted to some of the expensive
trouble they had on the way
which resulted in their shipping
the car back from jacksonville to
New York by boat. Mr.. Wheel |
CT claimed that Grapes had Of
fered him a better trade in Il Hud-
son car than he had Rocoue and
that he told him different his
tory about the Rocquc car; Blais-
dell heard some of the trade talk
between Grapes and Rocque. Mr.. |
Brandon has been in the automo-
bile repair business for Is years
He said the price paid for the |
ROGUE car was too much to view
Of its age and milca"e.
The disposition of W. w. Mar |
shall of Daytona, Florida, was
read. Mr. Marshall said he had |
run the car two trips to Florida
md had accumulated a total mil
age of 10000 before he exchanp-
ed the car,
w. A. Wright Of the Corner ga
age, Ford representative and
Expert, dealer of 16 wears expert
nee. testified that from $1,000 to
$1,000 would be a fair price for
he car in question. Robert II.
Wakefield of the Northern Cadil-
ac company, a dealer of ii vear'
testified substantially
o the same effect. Of course Mr.
Wright would not admit that any
,odv in the world could make a
,ood a car for the money as Hen
V of Detroit, while no combina-
ION of wheels and engine and
Ithcr fXings looked like an auto
Mobile to Mr.. Wakefield 30 long a5
he latest model Cadillac was in
i"ht.
The case was completed Friday
(Continue6 on page 81