Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1924-01-28
SUPREME COURT

SUPREME COURI
Saturday morning at the opening
81 court at $40 o'clock the case OF
Leslie A. Kennison and his brother,
William H. Kennison of Scion. vs..
Walter Clark OF Scion was COM
menced. The Kennisons are repre-
scented by Attorney William Folsom
Merrill of the firm of Merrill and
Merrill OF Skowhegan and Mr.. Clark
In being represented by Attorney
Carroll Perkins Of Waterville of the
firm Of Perkins and Weeks.
The suit is brought to recover
damages on the purchase of a farm
in Scion by Mr.. Clark to the kenni-
son brothers, who came from Cali
fornia and purchased the farm
through the Strout Farm Agency. OF
which Clyde ii. Smith IS the agent
and l.. G.. Traitor, who was en-
ployed by Smith, showed the farm.
The plaintiffs claim that Mr.. Clark
misrepresented the amount of cord
wood standing on the farm, WHICH
Clark said was 1000 cords and which
the defense claims is only 300: and
that the representation Of 200 cords
of fir pulp wood is a misrepresenta-
ton, as there were only 10 cords
of such wood at time of purchase
and that there was also misrepre-
sentation in the amount of hay that
the farm annually cut. The amount
represented by Clark was from ~ to
81 tons and that the farm cuts only
10 to 10 tons of hay. The plaintiff
claims that they would not have
purchased the farm IL they had not
been told and believed that there
was the wood and hay on the farm
and that it cut that amount OF hay
and that the kennisons told Clark
that they knew nothing about the
wood and farm and depended on
Clark to tell them and that Clark
said he would guarantee the amount.
The defense claim that he Is not
guilty of Misrepresentation.
This case is being heard before
the second jury. Earl G. Banks OF
Pittsfeld was excused and Fred Ha-
seltine of Hartland. ohe of the SUI
pernumeraries. took his place and
James i. Brown of Madison and
Glen Harville. also of Madison, of
the first jury took the places of two
members of the first jury that could
not get back to Skowhegah. Mon
day. until the latter part Of the fore
noon.
The plaintiff claims that they have
been damaged $1,000 by the misrep-
resentation. The writ was dated Oc-
tober 25th. 1929.
The following witnesses for the
plaintiff were called and sworn: Les
lie A. Kennison. William II. cnni-
son, Clyde II. Smith, Lionel G.. Traf-
ton. - McCabe. Arthur l.. Row
ell. George II. Written, Ivan Adams.
and Ivan Brown. Mr.. Merrill stated
that he had another witness, Shep-
herd Hunnewell of Scion, who was
not able to be present Saturday
morning but might be able to come
Monday. If needed.
The first witness was Mr.. Smith,
who told Of the transaction of the
farm.
The second witness was Mr.. Traf-
ton. who testified to showing the
farm to the Kennisou brothers and
stated that the farm was sold in
May. 1922. and that he thought that
the first time he knew that the Ken
nisons were dissatisfied was near
spring in 1922. Leslie Kennison was
the principle witness of the morn
ing. He told of buying the farm
with his brother and that Clark held
mortgage on farm and personal
property. That when he got out az
cords of pulp wood they found that
they had taken off more than half
there was in the place and that they
notified Clark of the fact and that
Clark came and measured the wood
cut and found it to be some over
40 cords. He stated that Mr.. and
Mrs. Clark soon moved TO Prince
Edward island and did not return
until a few days before the writ was
made out.
June 18th, 1929. Clark foreclosed
on the mortgage.
The last witness called and to tes-
tify in the forenoon was William II.
Kennison. who substantiated his
brothers testimony.
Court adjourned at ] o'clock Sat
urday noon until Monday morning.
Judge Deasy was at the court
house Saturday afternoon and lis
tened to divorce hearings.