Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1924-09-16

had asked him II $500 was al right. |
to which Amberg had answered that |
Jordan knew how much Il would |
be. He had not signed until the
SO difference had been guaranteed.
On cross-examinatton Amberg de-
clared that he can neither read nor
write. He said that he knew that
Jordan had had q man scale the
lumber and that the only differences
was about the scale but that he
Cranberry would. not settle on any
other basis than his own scale.
The plaintiff rested here and Ly.
man Jordan was the first called by
the defense. He declared that the
oral agreement as testified to by tie
plaintiff was right but that he had
found fault with the scale and had
SO notified Amberg after having his
own man scale a large part OF the
lumber. A total OF $500 feet OF Mm.
Der had been sawed out at the mill at
that time and there were five logs
under the snow which were not
scaled. The remainder of the luIL-
Der scaled out 63,032 feet.
He stated that he had declared In
the road that he would not accept
the Amberg scale and that in the
store he had asked Amberg II he
would accept the sum Of $500 In fu!i
settlement. After the receipt was
drawn up and read to Amberg, tho
plaintiff had declared that ne was
satisfied. Previously he had told the
storekeeper that he was tired and
sick of the whole business and that
he would give the sum of $500 to
Amberg to finish It up. At that tine
nothing was said about the $50 dill
ference but he had later found that
the check was for $3.50 instead of
S240 as he had thought and that he
had and now does stand ready to pay
the $40 to Amberg.
o. H. Dolloff of Mount Vernon, the
man who scaled the lumber for Am
berg testified as to his scale which
was 63,032. He stated that the mill
scale on sawed lumber was apt to
run under the scale of lumber in tie
log.
Frank Allen of Mount Vernon stat
ed that he had surveyed few of the
logs and compared them with the
Amberg mark on the end and that
in every case they ranSunder the sur
vey.
Alvaro Gordon of Mount Vernon.
proprietor of the mill where the lum-
Der was sawed testified that it sawed
out 1886 feet and that he had sawed
out $3.50 feet when the survey was
made by Dolloff for Jordan. He said
that the logs were small and crooked
so that he could not get the full val
ue out of them.
J. w. Allen Of Mount Vernon.
keeper of the store where the final
transaction took place. declared that
Jordan had told him that he was go
ing 20 give Amberg $500 to finish up
the agreement and that he (Allen)
had told Jordan that he was giving
Amberg more than. Jordan's scale
called for. Jordan had declared that
he did not care, that he was tired
and sick of the whole thing. There
had been no discussion over the $2G.
except that as he knew Jordan bet
ter than Amberg did he had told
Amberg that if Jordan did not pay
the money to him. Allen himself
would do so. Allen had written out
the receipt and had read it to Am
berg, who had declared that he was
satisfied.
The case of the defense closed her e
and following the summing up by the
lawyers and the charge by Judge
Fisher, the case went to the jury.
AfteI the verdict was returned court
was adjourned until $50 this morn
ing.