Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1922-09-11

contract, according to his claim, was
to be paid for by Mr.. Rowell. Charles
J. Cole of Readfield and George w.
Hesselton of Gardiner are attorneys
for the plaintiff, while the defendant
is represented by L. T. Carleton of
Winthrop and 3. +. Maher of Au-
gusta.
Eight witnesses were sworn in for
the plaintiff.
The plaintiff, Mr.. Curtis of Mon
mouth, was the only witness at the
Saturday session and his testimony to
a large extent covered the terms Of
the contract which he alleges Mr..
Rowell had made with him. He test
flied that he had formerly resided in
Readfield on the so-called Heath
place on the road between Readfield
and Winthrop. The defendant come
to him in the summer of 1921 and
had told him he had bought the
place and would take possession, and
Mr.. Curtis had said he would move
off the place if Mr.. Rowell told him
to. Mr.. Rowell had brought parties
| with him to look at the farm, but on
| the day after the parties had returned
to their home the contract was made
between Mr.. Rowell and Mr.. Curtis.
according to his testimony.
| BY the terms of this contract
which was verbal rather than writ
ten, Mr.. Rowell was to buy certain
stock from Mr.. Curtis and was to
hire Mr.. Curtis and his oldest son
and have the employment of Mr..
Curtis five cows and three horses
and have all the income from the
farm and for these Mr.. Rowell was
to pay Mr. Curtis $40 per month
for period of 10 months beginning
June !. 1921 and continuing until
April !, 1922. Mr.. Rowell was to
| pay for the shoeing of the horses,
the repairing of the farm imple-
ments and pay for the grain for the
stock. Mr.. Curtis testified that Mr..
| Rowell had promised to write out
, this contract and send him a copy,
but had never done SO. In case Mr..
Rowell sold the farm. he was to give
Mr.. Curtis two months notice and
was to pay him for those two
months.
| Mr.. Curtis then testified to the
work he had done on the farm after
! this contract had been made.
Mr.. and Mrs. Rowell Mr.. and Mrs,
| Curtis and their eldest son, Merle,
were present when the contract was
made. Mr. Rowell had made 70
criticisms at all.
What was the first notice you had
that Mr.. Eowell was about to dis
charge you?" asked Attorney Cole.
i! when he discharged me-" Mr.
Curtis replied.
Did you receive written notice
of your discharge about October /
1922" the attorney inquired.
Eyes, Sir" plaintiff replied.
This notice had stated that Mr.
Rowell would not require Mr.. Cur
it's service after December /. 1921.
Had Mr.. Rowell informed vol
That the place had been sold?"
mo, SIR" replied Mr.. Curtis.
Between Oct. 1 and II, Mr.. Rowel
was at the farm, but had not sale
anything about having sold the
place, Mr.. Curtis testified. About
that time one day, Mr.. Curtis wa:
picking apples on the farm, wher
Mr.. Rowell came over. Mr.. Rowel
had asked where Mr.. Curtis oldes
son, Merle, was, and Mr.. Curtis haC
replied that he was in the barn feed.
ing the cows. Mr.. Rowell had hint.
ed that Mr.. Curtis was not picking
the apples fast enough, to which he
had replied that he could not pick
them any faster as there were nc
ladders on the place fit to pick from
To this Mr.. Rowel! had replied thai
Mr.. Curtis should borrow ladder
from his neighbors. but the latter
had said he did not want to do thi:
as the neighbors were busy using
their ladder and furthermore that il
was not his place to go and get the
ladder. Mr.. Rowell had then tolt
| him that he did not need his SER
vices and for him to get off from the
farm.
Mr.. Curtis testified that Mr.. Rowel
seemed angry and had used profant
language. having called him (Curtis)
a d-m fool. Mr.. Curtis had con-
suited a lawyer and had then re.
turned to the farm. He had stayed
there two weeks or so and Mr.. Row
ell had threatened him with removal
! if he did not get off the place. Mr.
Curtis had then moved TO North
| Monmouth He had received from
Mr.. Rowell pay for four months al
the rate of $40 per month. Mr.. Cur
| tis had then entered the employ Of
the Winthrop Mills company and
from Oct. IL. 1921 to March 81
1922. had earned $155 and his oldest
son had earned the same amount
His horses had brought in S1CO.
Plaintiff Cross examined
Cross examined by Attorney Garlic
ton Mr.. Curtis denied that he had
| claimed to Mr.. Rowell that he knew
all about farming. but stated that he
had told Mr.. Rowell he would carry
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