The Barre daily times. (Barre, Vt.) 1897-1959, 1922-04-05
SUGAR CASE WITH JURY.
Charge to jury Was Delivered BY Judge
Howe To-day

| he principal issues for the Jury in
the case Of the Holbrook Grocery COM
pany OF keene, ~ H. VS. Ralph Ham.
blett OF Newport over alleged orders
for sugar. as stated by Judge Harland
b. Howe to counsel in the United States
district court to-day were: First. Was
the contract between the parties mod
flied Second II modified, did the per-
son who modified have the authority
to bind the principalg The case went to
the jury following argument by War
rent r. Austn Of Burlington for the
plaintiff. John w. Redmond of New
port appeared for the defendant.
Mr.. Austin moved for directed vcr-
diet for the plaintiff this morning after
the plaintiff and defendant had rested.
The motion was denied by Judge Howe.
Mr.. Austin claimed in support OF this
motion that the question of modifiea-
tion OF the contract should be with
drawn from the jury. that there was no
evidence that anyone who modified the
contract had authority to do so, that
there was no consideration for claim
OF modification.
Mr.. Redmond did not present mo-
fion but stated before the court after
the Jury had been sent ont that the
contract was void and that it con
tanned only the "mere diffused infection
of a promise on the part of the gro
eery company.
Witnesses during the morning were
Stephen Carpenter. q salesman for the
company. Samuel Blodgett. manager OF
the Woodsyille office of the company.
the defendant and Il. NJ. Jordan. a
baker Of Hardwick.
Witnesses yesterday in the sugar
case included the defendant, 4. I. Hol-
brook, president of the company, w. 7.
Holbrook. treasurer; y. i. Winslow.
credit man. and Leon Wiswall. MIR
Wiswall followed the defendant on the
stand aud told OF visit he had made
with a member of the firm TO Newport
to see the defendant and find out def
nitclv what he intended TO do about
the sugar shipment. He claimed that
nothing definite was to be obtained.
Upon cross-examination by Mr.. Red
mond. he admitted that at that visit
he had talked with the defendant and
Air. Redmond in the latter's office foS
two hours about the matter When
as TO whether or not be
knew definitely where the defendant
stood after talking with Mr.. Redmond
two hours, he said he did not. Nr
remarked that he was the
first man who had talked with him
.wo hours who left without knowing
aow Mr.. Redmond stood.
u. r. Holbrook. member Of the
irm. was called 60 the stand and told
# tho sugar market conditions dur
nc the months from May 1920, to Aug
ist. He stated that there was an acute
ihortacc in Nav, 1920. Of refined sue
n in the United States. His company
ried all over the world 10 secure sug
IT for the retail trade which they sup
,lied and finally found some in Java.
He said that the sugar would cost
he company 243s cents per pound 70
eliyer in Newport On that basis tho
ampanv would make one e.four,h Of
ent ON each pound. The total profit
m the sugar covered by tho defend
nt's contract. had he accepted same.
rould have amounted to s220. Mr.. Hol-
rook testified that the extension OF
ime granted the defendant cost the
laintif company $500
The next case for trial viii probably
e ROYAL A Eggleston vs. DR.. r. II.
loss and Dr. ID. II. Brown, for alleged
lalpractice. The attorneys are Ray
,ond Trainor and Porter. Writers and
ongmore for the plaintiff. and Warren
. Austin aud Searles and Graves for
he defendant. The third and last case
n the calendar Is that Of Vera Dan
Il. adm;uistratrix of the estate Of
ouis Daniels. V. Boston & Maine rail-
,ad The attorneys in this case arr
earlcs and Graves for the plaintiff
nd Siicknev. Sargent and Skeels for
,e defendsut.