Rensselaer Union, Volume 9, Number 31, Rensselaer, Jasper County, 19 April 1877 — How Two Detroit Attorneys Talked a Bnok Agent Out of Town. [ARTICLE]

How Two Detroit Attorneys Talked a Bnok Agent Out of Town.

Ajt almost Mrtdlble event took place • *»*&*• 'SSfKra&B£ The men wfc, can accomplish this almost incredible feat arc few In number—but 4hfl*«xist. Tbera is one in this city, and hbname Is Joseph E. Jackson. He ia a lawyer by .profession has lately retired from xltv politics, and has taken up his «ian with John Miner, on Griswold tT Jftrtr. Mr. Miner was visited by a that time, was Induced to sign his name to ten dollars’ worth of United Mates At. las.ttiwsrork to be delivered in August. •fUspot did Mteotoe arouhd’with the book at the time agreed upon, but appeared in November. At that time Mr. inner was a trifle short, so he evaded ths payment in hove of better times. But me agent knew Vis business and kept calling at irregular intervals and insiatiqg x upon narreaent until Mr. Miner began to ■•Kibe dean Finally be determined to tkmally bnli-done the man, and at thi •act interview put his resolution into- ** *■ j i■’> Tbe book agent was a red-headed man, and when he took off his hat with surface politeness, pod run his hand through his blazing topknot, each hair seemed to glow with aatanic fire.* Then he bobbed his head anfl shewed more erubescences, and, opening his mouth, exniSitedliis deep magenta-liued fangs, and hissed forth—- “ Good day.” The salutation was returned. "Oompto see about the atlas.'' *> i ■“ Ahr»*ai4 the limb of the law, “ I am clad of it. I think it is about time you ' 'Should. I have not yet determined in my own taiibd what I should demand from IBJ’J L

from met I suppose you’ll demand the nfltts Here it is, and now iuie /cr the present. You are no dftmbt aware that your action gives cause (anafpft (or breach of contract. I have suffered great damage and inconvenience <M^oonunt '°l ““delivery according to A jMftl, metallic smile corrugated the iron clmek of the book agent, while his rHNtking flair stood out iistiffer radiance like a scarlet gun-swab, and his expression was febutvalfifit to saying: “NoW, yvki oan-T come that liUle game on this chicken!’.' . v Mr. Joiner opened a law volume, and announced ‘ t rarßoQs on Contract,” and pdktiuued: This atlas business i» a parole contract; a parole contract, my .xlcarair, may be either oral or written, but not under seifl; but is generally applied to written contracts not under seal. This, therefore, was, both in its technical <hM currenr'legal meaning, a parole contract, *md arlt was to be performed within a year, is not enjoined by the statute of **s£ apesdeptible deeixasie in the I corrugations Of the cheek,,and the agent remarked: “temme see your authority.” The law book was handed to him, while Minor, with a sidelong wink at his friend Jackson, commenced to lgy down the laW:. ” You will find, sir. that this was a contract in its character neither fraudulent nor Immoral, nor contraty to the policy of thalaw. Ahem! It was entered into with ‘remeiofefimtypfibßditioned upon the drib perfortkinoe bv you, to-writ— * 4 u This book don’t say a word about this bushMss. Are you going to pay for the atlas : j :< • “ TVwit, ai I said before, the delivery of said valuable piece of merchandise, said maps, as aforesaid, on or about a certain time in Mid contract named, to-wit., -on or about the first day of August, Anno Aomin i 187 ft Now, as the party of ssty -dbd peiX-Hiis not necessary tg r me td ■awist ot prove the details of the enormous damage or serious inconvenience suffered ■hfe-qae jahiekr-might,-could, would or nMMdi 4tml mines, expenditure or agony not to be expressed by any known stud ip American currency.”

taMSSK-si IBBSISraJKiiT' ** YOU tml find' that Kent’s Commentaries vriU not sustain your answer, qir. That great thinker lays it down as a legal wren that / where there is a positive contract to do anything, not in itself urn lawful-.the,contractor must perform It or not doing it, although in consequence of unforeseen accidents the ‘ h “ become unexpectedly fcaMhsolhe, or even impossible.’ *» pfote that i shouldn’t <MhH Mj|if you was to argua a week." wf*ai,<nr, is happily answered by the well-known legal maxim, 'Quod conatat Hare, non debet verifieari,' -which, being translated, meaneth, ‘ What is clearly apMggfQpfftot bf rtoredS.’ ” The metallic smile faded down into an U«T "Mat o in jure eqvitat Integra' —you didn’t bring the atlas— 1 quod necetti at eogit defend ei ' —therefore I won’t pay you a cent, put again, 'Segvla prolege, it deficit lex'— yon’ye got to pay me for your delay.’" “But here’s youi atlas. That ends the WsHi, r Replied the book agent. 2fi yujur pardon, sir,” replied the f Iwiffdrulis rising voice and oratorical gestures. legally, you have not brought yodr atlas at all, and the courts would sustain me in saying that there is now np aflita whatever in your hand. * Quod con, «rii‘bg*mftpmf»jteto habetvm,' what is done contrary to we law is considered as * awtdooe. Coke, four, thiity-one, sir." “ Oh. cqr»e your Coker ’ said the ageat;. . with counterfeit gayety. “Lookee here, lam hard qp, and I want to get out of this,town and go to Toledo. All I waat to dq/ito sell this atlas—it’s the last I’ve away without any trouble * case, saving to tnyseif the many errors and imperfections of your idea, are you willing to waive anv claims At this point Mr. Jackson interposed, “ I am not so sure that you are aot liable -i»Ai. m «nsas T think this man Can comi gptt,T£*e,ar 'nhe contract price." v ■ - ** Certainly, he ongKV” said the agent, •ddUcking up a little courage, m '•T ** Do you want that claim collected?" said Jackson to the agent i -Idp.” 11 Do you wish to retain my services as “?*•, sixTl’il give you five dollars, ” t&xssiJg*' I ?'** 11 Well, sir,” continued Jackson, with an ingatiating smile, “it is customarv in the legal profession to receive retainers

from strangers. IrVbtS likVfcflredollar bill In your garments ll is in order to c. .a - !>n< ‘*N*wtr~Hl' ba Warned if I’ll be trifled with hs this manner..l'm going to leave this alias, by George, and I want Trifling! You may consider it trilltag, bat I eegaiider h as a boha fffe transaction and bsh|pn No* Is the time to liquidate. Hand over your retainer. ipm ssss&GjrtsSi: Ucitor to. advance.” '• I haia't got nothing, to do, with yovt; my hiz ip with Mr, Miner.” ~, •‘Pardon,(my young friend. ,you wll! find you hayebiz with mp. 4 Vbi jut ’ ’ •• You be blamed,”, roared the book agent. Mr, Miner, did you not hear this refuses say &al he wished to dispose of bis property and leave tke State?” “Yes, sir” replied Miner, gravely, “ I distingtly remember that he made that statement"- T? . " slr,” 'fiU}d the un--11?K? rc ' i " ag °' While Miro* was filling up the blank, Jackson bustled Wttfld the window, and °;.a c son Vbokeflout on remarked/ *7 I wonder if is in his Olloe.” Just then thhVoujkl of the door opeuinc caused both attorneys to t*sf2nKwiS&&&: mlnie bullet. There came from the stairthe landing, Jackson called out, u Come back, sir; come back hefe!” ’ A confused mass of magjthta hair and horizontal coattails twinkled for a moment on the staircase, their ears caught the sound of a tuinultuAds futE, and the book-agent was *°But one trfore scene, and the pageant fdfi# flway.* The flwo Attorneys return tuAAe ufhtoPaf the goom with grave faces and solemn, judicial aspect. Each places his left Mod on the alias, while the other Mn%d piot*l.£leyes seek the empyrean, and, with Dated breath, their lips-move io silent invocation. In the silence of the chamber the busy hum of city life seems like pbtoisiye rudeness. Hierophants df the gobdfxhe true and the bemiUJyi, they form q. scene brightness and sweetness which, Uke the, upas tree—beauty and Even tag flaps.* ' l