Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1923-09-24
NEW TRIAL IN
.SUSI-GRAY CASE
IN NOVEMBER

The attorneys, Harry y. Coolidge
| of Pittstield for the plaintiff, DOM
| mick Susi of Pittstield; and Attor-
! nev Thornton of BuZzell and Ihorn-
ton of Belfast, representing 'red
GRAY. the defense. made their argu-
| ments and Judge Philbrook gave his
charge to the jury and the Jurors
after being out about - minutes,
returned IL verdict for the plalntlll
in the sum of $21o.1O. Attorney
| Thornton at that session hled a mo
| ton for q new trial New evidence
must be ready by November ISL
| 1923.
The case of Merrill. Exrx., va.
| Huntington, with Merrill and Merrill
of Skowhegan representing the
plaintiff and j. S. Williams the de-
tense. was defaulted by consent.
The case of Charles G.. Clapp Com
pany of Boston VS.. l.. I. Holt OIL
Norridgewock was the next case 10
be considered. In this case the
plaintiff was represented by Attor-
nev Bernard Gibbs of Madison and
the defense was conducted by Attor-
ney Amos *. Butler. senior member
of the firm of Butler and Butler OF
Skowhegan.
In opening the case Mr.. Gibbs
stated that the issue was to reco'er
commission on the sale of real es-
tate. That Mr.. Holt of Norrti e.
wock listed his farm in Norrldge-
wock for sale in the Agency or
Charles G. Clapp Company, Boston,
in the office of the local agent. Earl
w. Stevens, and that written con-
tract was drawn up. which stated
that the company was to have all
n fo q
if sold for less, 10 per cent of sale
price if sold by them, or any 1ther
persons or the owner himself within
"A months of the date of the con
tract. which was dated on March
Doth, 1922, and after n months for
a certain length of time if sale was
made to q client sent to Holt by
the company. The witnesses for the
plaintiff were Earl w. Stevens OF
Smithtield, the local agent for clapp
Company, and Walter 5. Bean, to
whom the farm was sold by Mr..
Holt.
In the defense Mr.. Butler stated |
that after this contract was made
and signed by both parties that a
verbal agreement was made where |
by Mr.. Stevens consented to let MI. |
Holt sell the farm and that Mr.. Holt
was not 10 W OblISSu " p'NS tiiS
company any commission. The
plaintiff understood that the farm
was sold by Mr.. Holt for 5000 and
so amount OF damage in writ was
500. but later found that the cale
price was $1,000. so amount of dam |
age was only 500.
The witnesses for the defense we're
L. T. Holt and Gustavus Cooley OF
NorridgeWock
Mr.. Holt told of Mr.. Beams call
to see the farm and that he told him
he would first have to see Stevens
and that he. accompanied by Cool
ey, saw Mr.. Stevens and told him
that he had a chance to .ell the
farm and that Stevens told him mat
the farm was not listed and for lin
to go ahead and sell and that he
would not be obliged to pay my
commission. Mr.. Cooley said he
was with Mr.. Holt and that he also
understood Stevens to say sell farm
and there would be no commission
to pay.
There was considerable discussion
over the contract and the jurors
were directed to retire and the mat
ter was considered by the attorneys
and Judge Philbrook. Judge Phil
brook read sections of the contract
and ruled on the same. The jurors
were returned and after the testi-
mony. which was brief. was COM
pleted. were excused until Monday
afternoon at > o'clock. Judge Phil