The Barre daily times. (Barre, Vt.) 1897-1959, 1922-12-12
CLAIMED MISREPRESENTATION.
Sarah Rich of Randolph Awarded S465
Damages from DR.. E. II. Stearns,

Damages from DR.. E. II. Stearns.
| Chelsea, Dec. ~. The December
| term Of Orange county court convened
Tuesday, Dec. 5, with the following
officers present: Frank L.,Fish Of Yer
| gennes, presiding Judge; r. Nelson
Darling Of Bradford and Edward W.
Kent Of Randolph, assistant judges;
William II. Sprague, clerk; Lyle r.
Beckwitlr, deputy clerk Thomas G.
Dearborn, sheriff Millward G. Taft,
states attorney; Mabe17L. Spencer of
st. Johnsbury. reporter. Prayer was
offered by Rev. Mr.. lockwood, pastor
of the Congregational church, and fol
lowing the opening proclamation, the
docket was called and several cases
which had been set to the jury for
court trial at this term were entered
as settled and discontinued or contin
ued
In the afternoon the jurors called
for the term were given instructions
BY Judge Fish, and the work of the
term commenced Wednesday when
jury was empanelled in the case Of
Sarah Rich of Randolph vs.. DR.. +. H.
Stearns, now of South Royalton. In
this case the plaintiff sought to recov-
err damages for misrepresentation
made by the defendant in the sale 81
a farm to her in 1920, her claim being
that the defendant represented to her
that there were six hundred sugar
maple trees on the farm, and that she !
Io+ "a. Lo =
was an inducement which actuated her I
in purchasing the farm. Some time
after she had closed the contract and
took possession Of the farm. she
learned that there were only two hun
bred sugar maple trees on the farm,
and for this Misrepresentation she
brought the suit.
The defendant defended on the :
ground thdt he never represented to !
her agent that there were six hundred
maple sugar trees on the farm and
that lie advised her agent by letter
previous to the sale OF the farm that !
there were about two hundred maple
trees on the farm The agent, how
ever, denied ever having received such x
a letter and maintained that the de-
PENDANT did in fact inform him that :
there were six hundred maple trees
on the farm. The jury rendered YER Q
dict for the plaintiff to recover the IS
sum OF $465 from the defendant as !
damages sustained by her by reason
Of the Misrepresentation. q
The plaintiff was represented by y
March NJ. Wilson Of Randolph and
Homer L. Skecls of Ludlow and the 4
defendant was represented by Murdo q
Campbell of Mortified of the firm OF q
Plumley, PhmIey and Campbell and N
Hale X Darling OF Chelsea. The case :,
viii likely 60 to supreme court on ex-
.eptions.
Other cases disposed of during the "
week were: State VS. Louise Laid of "
orange, charged with adultery. Re- X
pondent was arraigned and pleaded r.
yuilty and sentenced TO the house of n
correction for women, at Rutland for q
term of not less than Two years nor q
more than three years. Execution OF NJ
entence stayed and the respondent II
vas placed on probation until further Is
rider of court States Attorney Taft IS
Prosecuted, and the respondent was "
represented by Judge Alland g. Fay Of =
Iarre Nl
State vs. Helen Jessie Elizabeth ing II
am Of Tunbridge, who was charged Y
nth assault, entered a plea of guilty Ae
nd was sentenced to the house Of -
direction for women at Rutland for
ERIN Of not less than six months nor liza
lore than one year. States Attorney car
aft prosecuted and the respondent
as represented by Hale X. Darling. w,
The following divorce cases were ia,
card: Olive L. Farnham Of Ran ref
olph vs. Charles Farnham. Bill grant
4 for wilful desertion and the care
nd custody of the minor children n Me
he parties decreed to the petitioner; Tu
/ NJ. Wilson for the petitioner. we
John +. Butterfeld vs. Florence /. dei
Bill granted for the cause pre-
wilful desertion and care and custo-
~ Of the minor children of the par
es decreed to petitioner; NJ. VI. viii
IN for the petitioner. p
Margaret f. Gould vs.. George Silas D.
ould. Parties from Newburv. Bill l
ranted for the cause of wilfnl deser.
on and care and custody Of the minor r
lildren Of the parties decreed to the
stitioner; Hugh w. Hastings of Brad
'rd for the petitioner.
Albert Worth Brown vs.. Grace
Ieaker Brown, parties from Braintree.
i'll granted for the cause Of intoler- -
Die severity. NJ. NJ. Wilson for the
stitioner. =.
II is very likely that the work Of the III
rm viii be completed before the end "
the present week
Deputy Sheriffs win s. BRYANT of
andolph and Warren c. Ordway of