Daily Kennebec journal., 1922-01-17
SUPERIOR COURT
Case Of Nc Pherson VS.,
Pinkham Opened on
Monday
Action Of Deceit Based on Alleged
Representations. AZ to a Farm OF,
Meadow Hill Road at Manchester
sentence Imposed in Criminal
Case, State W. Isaac Dansky Of
Watsrvilis

Ssss' otate W. Isaac Oansky of
Watsrvilis
The case Of State vs.. Isaac Dansky
OF Waterville. charged with illegal
Keeping of intoxicating liquor, was
before the superior court Monday af-
ternoon for sentence. Respondent
who pleaded nolo contendere to the
charge. was represented by Attorney
Arthur j.. Crafty of WatervilIe. This
was an appealed case from the Wat
erville municipal court.
Judge Beane imposed sentence up
on the respondent, Of fine of $3.50
and costs of $50 and two months in
Jail. and IL fine and costs not paid
six months additional in JAIL ana
respondent was put on probation on
payment Of fine and costs.
An action Of deceit based on the
alleged representations of an owner
OF farm in Manchester held the at
tention of the court at the Monday
session and will be continued today.
This is the case of Harry L. Me-
Pherson of Manchester VS.. Mrs. Fam
ME M. Pinkham of Augusta and
trustee, in which plaintiff claims that
relying on representations made by
the defendant, Mrs. Pinkham, he had
purchased in February. 1919. her farm
located on the Meadow Hill road in
Manchester and that he had later
, found that her representations were
not true in regard to the condition
OF the spring and we'll on the farm,
the size of the hay crop and the
amount OF timber on the farm. Plain
tiff claimed damages in the sum of
$1,000.
Attorney Sanford l.. Fogg of Au-
>gusta Is counsel for the plaintiff,
while the defendant is represented
by Attorney George NJ. Stearns of
Boston.
Eight witnesses were sworn in for
the plaintiff.
The plaintiff, Harry L. Mcpherson
OF Manchester testified that he was
formerly of Winchester, Mass. and
was in business at Boston. In a
Boston newspaper he had seen an
advertisement of a farm for sale at
Meadow Hill, Manchester, four miles
from Hallowell. He testified that in
letter which he had received from
Mrs. Pinkham she had stated that the
farm was located three miles from
Hallowell and five miles from Au-'
gusta, that there was over 500 cords
place. that there We're apple trees
and cherry trees on the farm. In
response to his telephone call, Mrs.
Pinkham called at his office and in
speaking about the farm, told him
that the place cut 10 tons of hay.
that there was plenty of water, that
the well was good and that there was
n never-failing spring in the pasture.
and that there was a good pasture
there. Mr.. Mcpherson testified re-
garding his visit to the farm on
Feb. %. 1919, when he was accom-
panied by Mrs. Mcpherson. and their
son Harold, and Mrs. PinIham. There
was snow on the ground. about knee
deep. and the party had looked over
the house and barn and had gone
around the outside of the buildings.
He said that on account of the snow,
he could not tell the condition of the
trees or pasture land.
That evening, according to plain
tiff's testimony. Mrs. Pinkham had
asked him what he thought of the
place and he had replied that he
hadn't had time to make up his
mind. Shf had told him that she
must know at once because there
was another party considering the
place. He had asked her if she
would guarantee every statement. to
which she had replied 81 do and if
things are not as I have stated, will
make them good" He had then en-
tered into a formal agreement to
purchase the farm, and the papers
were passed later. He had practical
~ no knowledge of farming at that
time. and no knowledge of timber and
wood.
The farm land was about evenly
divided between tillage and woodland
with a total of about 20 acres, the
plaintiff testified. In 1919. he did not
cut over five tons of hay on the
farm. He had cut on all of the farm
with the exception of one field, and
about 40 per cent. OF that field was
also cut. It was impossible to cut
all OF that field with machine, plain
tiff testified. The hay was cut by
BENJAMIN Blake. In 1920, they did
not cut over three and half tons. In
1919, he had one acre Of land plough
ed up and seeded down. Oats came
up, but the grass did not catch. In
an endeavor to bring hack the land he
had from two to two and half
acres ploughed mp this year, and the
land was burned over to get the old
grass off. The pasture was overgrown
with juniper bushes. Mr.. Mcpherson
testified. He kept two cows ana a