Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1924-10-21
CHELSEA WOMAN
AWARDED $500
on FARM CASE

A verdict In the amount Of saoo for
the PLAINTIFF was returned Monday
aiternoon by the jury in the case NJ
gay vs.. James which was the las.
Jury case to be tried at the October
term OF the supreme judicial court
now sitting at the Kennebec county
court house. This was case In
which the plaintiff. Mrs. ]. M. Cav 81
Chelsea. alleged that the facts re.
garding farm which she p,,rcha sed
from Montcier James OF Dresden
were misrepresented, and she asked
Tor the sum Of 5000 She was renre-
scented by Attorney W. Tudor Cardi.
ner OF the firm Of Andrews. Nelson
Gardiner Of this city. and Mr.
James was represented by Attorney
| II. X. Drew OF Richmond.
Mrs. Cay was the only witness for
the pIaintins side Of the case. She
testified that she had bought a small
Iarm In Dresden after consulting
WIN haiph +. Cheney Of Dresden.
an insurance man and that at the
.,he she had looked the farm over
Mr.. James had been present. From
the conversation which they had had
at the time she had Understood tina.
there were four acres in the farm hut
when she got the deed she found that
there was but an acre upon which the
mousse was situated. She had paid
$4,000 for the place. She had UNDER
$1,000 that there was enough pastur-
age Ior one COW. whereas she found
that there was none whatever.
She had later called Cheney who
had told her that he had thought az
she did about 1t and showed her a
iist OF his upon which the farm was
iisted as one Of four acres. He haI
later sold the farm for $500 for her.
ralph +. Cheney of Dresden, a real
estate agent, was one Of the two wit
nesses introduced by the defense
he stated that he had taken Mrs.
Gay to the place in question and had
told her the exact boundaries. She
mad told him that she only needed
land enough for a garden as she had
farm In Manchester. Cheney had
told her that she could probably get
her COW pastured by one of the
neishbors. The buildings were in
very good condition and the place
was worth what she paid for It.
Mr.. James corroborated the testi-
mony OF the other witness for the
delense and declared that he had not
tod Mrs. Gay that there were four
acres or land in the parcel.
AL the conclusion OF this case the
jury was discharged finally and the
remainder or the day was taken up
with court matters. One of these
was one In which the firm of J. A.
Carnage and Co. stock brokers was
involved.
This case is somewhat involved to
tho lay mind but as nearly as could
be understood the history and pro-
ceedings In this case were as fol-
lows:
A suit was broughtFby the stock
brokers' against DR.. X. w, Goss of
Headfeld and was placed upon the
docket for the May term of the Su-
perlor court which was held at Wat
erViile. Attorney Frank A. Morey OF
Lewiston represented the defendant.
Dr:Goss. and being unable to be
present at the calling OF the docket
he instructed his stenographef to
write to the clerk of courts and en- :
ter his appearance which she did
and he supposed that his appearance
had been entered. Late: he found
that no appearance had been enter
cd and the case had been defaulted.
ju, Sment being thus secured by the
Carnage company.
He accordingly entered . writ OF
review at the term Of the Supreme
court held In Auburn and after GER
tain legal formalities this writ came
before the October term Of that court
for hearing before Chief Justice Les.
lie c. Cornish. In his declaration
Attorney Morey produced an affa-
dav,t of his stenographer who has
been Ill and in the hospital for some
time. substantiating these facts. The
writ rs granted by Chief Justice
Cornish and the case will probably
be held at the next term Of the Gu
npriOr court