Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1923-09-13

Nerdlct for the defendant was
Drought In Wednesday morning in
tne case of Arbour~ VS.. Pencil in
wnlch Emile Arbour of Augusta
asked Tor damages for injury to his
minor son and to his automobile
through a collision with the auto.
mobile trucked owned by Joseph f.
and Charles S. Pencil of Brunswick
Inc case of Clason VS.. the Howard
| motor Co, Inc. was at once taken up
after the verdict had been given in
! the last case. In this case a plea
for the sum of $4,000 is made by Silas
! y. Clason of Gardiner, the writ stat
ing that the Howard Motor Co, Inc,
OF Portland, on Nov. 5, 1922, through
! their agent, Thomas Murchison, sold
| MIN used Cole automobile and that
he later found this automobile to be
misrepresented. The plaintiff claims
that they guaranteed that the car
was in excellent shape and that he
later found that the car delivered was
1870 Cole, whereas he had distinct
| ly stated that he would not take one
! of that year but that he wanted a
| 1921 car, the frame of the car was
| broken, making it unsafe, the car
| could not be operated without a new
! battery, it was equipped with tires
| Which We're in such condition that
| lliNS NtIS NOI lIllGSS, ltldl tne spare
tire was practically worthless and
| that there were no tools with the car,
whereas they had promised a full set.
! All of this the writ states was known
| to the defendant company at the
time the car was sold to the plain
tiff.
| DR.. Clason was called to the stand
as the first witness for the plaintiff
| He stated that he bought the car
! from MurchlSOn on the above date,
and that having but little time to
! look the car over he had relied upon
the profession of Mr.. Murchison that
it was in fine condition. He was
told that it was a 1921 car. Murch-
son also told him that he would
! guarantee the car for 90 days from
the date of purchase, to be in as good
condition as new except that it had
been run 5000 miles. He told
Murchison that he would put the car
into the garage at once and would
| not use it until spring and that the
| guarantee would be of no use to him.
Murchison then stated that they
would make the guarantee good for
| 30 days after he started using it.
He then told in detail of the de-
fccts which he found in the car and
| equipment. The battery he found
to be dry in two or three days and
he was forced to buy another The
tools with the car We're. n jack, too
small to be used by this car, and a
rim tool The tires We're worthless
| or practically so. One of the tires
blew out in the first 175 miles. The
break in the frame was an old one
as it had been painted over and the
paint was in the crack. He signed
the contract without reading it. rely
ing upon what had been told him.
Harold L. Crane, a garage man of
| Randolph was the next witness. He
told of the car being put in his gar
age for storage He said that his
attention was called TO the break in
he believed it was an old one as the
paint was in the crack. He stated that
the consequences might be serious if
the frame should break at that point
while the car was in operation. 1t
would be necessary to weld this
break or put in an angle iron or in
some other manner fix the place and
this could not be done without being
! plainly visible. The tires were ia
poor condition, although the trcads
looked good. He said that 1920
car of this model would be worth
$500 less than a 1921 of similar model.
Mrs. Craig who works in the garage
Office told of hearing DR.. Clason
speaking of the break in the spring
and she Joined tho group as he was
talking about it. She cOrrohOrated the
evidence given by her husband as to
the condition of the car.
Arthur s. Robinson of Gardiner
employed by the y. G. Chase lnsur-
ance company of that city stated that
his Office door is but six feet from
the door to DR.. ClasOn's private of
flee and that he was in the building
on the evening that the contract for
the car was signed. lie went into Dr.
ClaSon'S waiting room and waited
for him as he wanted to write the
insurance on the car. While there
he could plainly hear the conversation
in the doctors private office. lie
heard Murchison state that the car
was a 1921 Cole, as good as new eX-
cept for slight wear and that he
would recommend that the doctor
buy it. He heard DR.. Clason tell Muir
Gibson that he did not want n 1921
Cole and would not take one, and
that he was to have a new battery,
jack, set of tools and tire pump with
the car. Murchson agreed to this
and later he heard the remark that
this" did not state that he was to
| have these things. To this Murchi
son replied that that was all right,
the company would stand back of him
and would treat the doctor right
Charles W. Clifford Jr., Of Bath
was the first witness for the defense.
He stated that he had handled Cole
cars in 1918, 1919, 1920 and 1921 and
has had some experience with them
since that time. He stated that
1921 model might be manufactured