Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1922-09-21
CASE INVOLVING
VAl0E FARM HEARD
SUPERIOR COURT

WI 6uuuVU OOVVu
The testimony In the case of Fogg
vs. Locke occupied the day Wednes-
day at the superior court, neither the
| summing up Of the lawyers or the
| charge of Judge Beane having been
given when court adjourned last eve
ming. This is q cast in which Annie
| NJ. Fogg began for judgement in the
sum Of $1,000, alleging that Fred J.
Locke misrepresented a farm which
she was looking at with a view to
i purchasing. and that through the said
Misrepresentation she was induced to
buy the farm. Mrs. Fogg was repre-
] scented by Attorney E. E. Peacock of
Waterville and Mr.. Locke by Attor-
ney Herbert Locke Of this city.
Mrs. Annie Fogg was the first wit
ness. She testified that she and her
husband had been living in Wilton
and that in March, 1921 they went to
Mt. Vernon to see about buying a
farm. While there they heard of the
Locke place and Mr.. Fogg and Frank
Jordan of Mt Vernon went to look
the place over. AS she had no
knowledge Of farms. she did not look
band and simply looking at the house
herself. After talking the matter
over they decided to buy the farm,
paying $500 down and giving a note
for the remaining $1,000 at the rate Of
500 a year.
She said that it had been repre-
scented to them that the place had cut
about 35 tons of hay in 1920 and that
as there was a newly seeded place of
grass coming in that year it would
cut probably 40 or more tons that
year. 1t was also stated that the
land was in n fine state Of cultiva-
ton and that there was no hawk
weed on it but that as there was
snow on the ground at that time they
were unable to tell on this score.
On cross examination, she said
that from her own knowledge she ives
unable to tell that the place was not
under good state of cultivation
They had only cut 35 loads of hav off
the place and most of the loads were
small. 1t was true. that they had
pastured their horses in a small field
/ back of the house but this had not
been all of the time and they had cut
large load from that. She said
that she remembered coming to see
Locke about it and telling him that
they We're not satisfied with the
amount OF hay that the place was
cutting and asking him what he was
going to DO about it but said that
they got no satisfaction from him.
IheE had later advertised the place
| Oh
in response to questions which the
agent had asked them and filled in on
form they had said that they esti-
mated the amount of hay cut at %
tons and that the place was in fine
state OF cultivation.
Benjamin Fogg, husband Of Mrs.
Fogg testified that he had recon-
mended to his wife that they DUR
chase the farm on the strength Of
the representations by Locke. He said
mat they had found about five acres
covered with hawk week. He also
said that after feeding hay to COW
and horse for about two months and
half he had sold the remainder
which weighed 35.495 pounds.
He had then made inquiries and in
N - Hd' ING pressed IS tons as
ne had been told he found that it had
only pressed 16 tons and 900 pounds
IN l32o. lie estimated that the 50
loads which they had hauled in would
weigh about rs tons and they so stat
ed in answer to the real estate agents
questions
George Jordon of Mount Vernon
sald that he had heard the CONVEX
satlOn in regard to the amount of hay
cut and that Locke had told Fogg
mat he had pressed out IS tons and
that there We're six or seven tons of
nav then in the NOV. He had also
told him that there was no hawk
weed on the premises
Clarence T.. Dunn of Mount Yer
non said that he was called in to
measure the barn and that he had
found that it would hold about 20
tons.
Charles D. Lincoln Of Wayne, after
being sharply questioned to find out
II he should be admitted as an ex-
pert witness, and so give a valuation
on the property, testified that he was
in the real estate business and that
he had been called in to examine the
| property and that to the best of his
knowledge the property at the time
the FOggs bought it would be worth
about $1,000. Much time was spent
going into the various items which
| made up the total valuation of the
| property. Mr.. Lincoln placed his val
uation on the buildings as $500, $3.50
on the house and $50 on the rest of
| tho h11i16inpS The land no valued of