Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1923-09-21

the one to whom the credit was given
and that she knew she was the one to
whom the credit was given. then
should pay and emphasized the point
that of whom Jones gave the credit
and whom Jones expected to look for
payment of the account and that If
the account was not charged to her
and credit given to her she wauld
not have to pay for the goods which
both parties admitted at the Jones
store fol- different members of the
Crotto family.
The verdict was for the plaintiff in
the sum of $3.50.
Mersereat VS. Farnham
Two eases. those OF Thomas Mers-
ereau of Skowhegan VS. Ellery S.
Farnham of Bradford. formerly Of
Skowhegan and the second of Themes
Mersereau of Skowhegan VS. Alice G.
Farnham of Bradford, formerly of
Skowhegan to recover an amount for
misrepresentation of personal proper-
ty included on purchase of farm and
personal property by Mr.. Mersereau
from Mrs. Farnham on Eaton Noun
tain Hill in Skowhegan came before
the second jury Thursday forenoon.
In the transaction it was stated that
Mr.. Farnham acted only as Mrs.
Farnham's agent. The plaintiff is re-
presented by Butler and Butler, at
torneys Of Skowhegan, the senior
member. Mr.. Amos X. Butler acting
and the defense Is being conducted
by attorneys, Cover and Shumway
also of Skowhegan.
The case was opened late Thursday
forenoon by Mr.. Butler and the fol-
lowing witnesses were sworn, Mr..
Thomas Mersereau and his son, Geo.
Washburn, former owner Of the pro-
perty, Wesley Watson. horse dealer
and blacksmith and Ralph> Reed. a
blacksmith who is employed in the
Watson shop and two members of the
Skowhegan board of assessors at the
time Of the purchase in the year OF
1922, S. II. Bradbury and Joseph But
Ter.
The first witness, Mr.. Thomas Mer-
sereauswas heard and Mr.. Cover had
begun his cross examination when
court adjourned for the noon hour.
The following witnesses for the
plaintiff were heard at the opening Of
the afternoon session. Joseph But
Ter, who was one of the towns asses
sors at the time Of the transaction
and the third witness, Sheldon II.
Bradbury. who was also a member of
the board of assessors. Both stated
that the pair of black horses which
were to go with the farm were Grip
pl~1 and very thin and they did not
consider them of enough value to tax
them. The fourth witness called was
Wesley Watson, a local horse dealer,
who has operated a sales stable in
town for about ten years. The fifth
witness was Ralph Reed, a black
smith employed at the. Watson shop.
Both testified in regard to the poor
condition of the horses. Mr.. Wat
son said that the market value of a
good pair of work horses at that time
was from $500 to $500 and not more
than $500. George L. Washbufn was
the last witness called and he ,teSti-
fed concerning the machinery on the
farm which was on the farm when he
sold 1t to the Farnhams. The direct
testimony closed at 40 p. m. The de-
Tense was opened by Attorney Shu-
man NJ. Shumway, Junior member or
the firm of Cover and Shumway. MIR.
Shumway stated in stratightfor-
ward and explicit opening that the
defense claimed that there was no
misrepresentation and that Mr.. Mer-
sereau being at the farm "Wednesday
night until the following Saturday
when the writings were finally made
had every opportunity of looking over
the personal property as it was all
on the farm. Further, that when Mr..
Mersereau and Mr.. Farnham, on Sat
urday came to Skowhegan to the Of
flee of Clyde II. Smith. local repre-
sentative of Strout's Farm Agency
for a conference concerning the tran
saction, before having the writings
made. that Mr.. Metsereau stated that
he was dissatisfied with manure
spreader and certain other tools and
that Mr.. Smith suggested. that Mr..
Farnham, to make the deal perfectly
satisfactory throw in a jigger. but
Mr.. Farnham said that he could not
do it because the jieger was worth
hundred dollars but that he would let
the jigger go with the farm and the
other tools for $50 extra making the
entire price $3.50 and that then and
there Mr.. Smith asked Mr.. Mersereau
IL that would make the deal perfect
" satisfactory and he said it would.
The defense called the following eight
witnesses who We're sworn, Ellery F.
Farnham and Alice G. Farnham. the
plaintives in the two cases. their two
sons, Lyle Farnham and Albion Farm
ham, Ed Bowley Carl Pool. Guy
Kimball and Ernest Moody. The first
witness to testify was Mr.. Farnham.
and he was the only witness to be
heard before court suspended.