The anti-monopolist. [volume] (Saint Paul, Minn.) 1874-1878, 1877-04-26
How Two Detroit Attorneys Talked q Book
Agent Out OF Town.

How Two Detroit Attorneys Talked a Book
Agent Out Of Town.
An almost incredible event took
place in this city few days ago, but
the reader will be asked to believe it,
wholly and unreservedly. It was
case in which book agent, whose
naturally adamantine cheek is triply
rlated with the armor Of wide exper-
fence, was met, fought, defeated and
compelled to fly from the city. The
men who can accomplish this almost
incredible feat are few in number
but they exist. There is one in this
CITY, and his name is Joseph E. Jack
son. He is lawyer by profession, has
lately retired from city politics, and
has lately taken up his quarters with
John Miner, on Griswold street. Now,
Mr.. Miner was visited by a male book
agent last summer, and, having earned
a number of fat fees about that time,
was induced to sign his name to ten
dollars worth of United States Atlas,
the work to be delivered in August.
The agent did not come around with
the book at the time agreed upon, but
appeared in November. At that time
Mr.. Miner was trifle short, so he
evaded the payment in hope Of better
times. But the agent knew his bust
ness and kept calling at regular inter-
walls and insisting upon the payment
until Mr.. Miner began to lose flesh. Fl.
nally he determined to legally bull
doze the man, and at the next inter-
view put his resolution into practice.
The book agent was red-headed
man, and when he took Off his hat
with surface politeness, and ran his
hand through his blazing top-knot,
each hair seemed to glow with satanic
fire. Then he bObbed his head and
showed more erubescences, and, open
ing his mouth, exhibited his deep
magenta-hued fangs, and Kissed forth
--s'Good day."
The salutatiOn was returned.
Come to see about the atlas
"Ah!" said the limb of the law, 81
am glad of it. l think it is about time
you Lhould. / have not yet deter
mined in my own mind what l should
demand from YOU"
demand from me? / suppose you II
demand the atlas. Here it is, and now
I'd like to take my pay.
"H'm, HIM; we'll waive that view
of the case for the present. You are
no doubt aware that your action gives
cause for a suit for breach Of contract.
have suffered great damage and in.
convenience on account OF nOn-dellv-
cry according to contract.
A hard, metallic smile corrugated
the iron cheek of the book agent,
while his flaming hair stood out in
sitter radiance like scarlet gun
swab, and his expression was equiva,
lent to saying: SHOW, you can't come
that little game on this chicken -
Mr.. Miner opened law volume, and
announced parsons on Contract, and
continued: "This atlas business is a
parole contract; a parole contract, my
dear sir may be either oral or written,
but not under seal but is generally
applied to written contracts not under
seal. This, therefore, was both In Its
technical and current legal meaning, q
parole contract, and as it was to be
performed within year, is not en-
Joined by the statute of frauds.
There was a perceptible decrease II
the corrugdtiOns Of the cheek, and tht
agent Remarked: ''Lemme see your
authority
The law book was handed to him
while Miner, with sidelOng wink a
his friend Jackson, commenced to LAY
down the law: "You will find. sir, tina
this was contract in its character
neither fraudulent nor immor al, no
contrary to the policy OF the law
Ahem! 1t was entered into with du'
solemnity, conditioned upon the du'
performance by You, to-wlt-
"This book don / say word abOu
this business. Are you going to pa.
for the atlas!'
"To-wit. rs l said before. the de
livery of said valuable piece of mer
chandise, said maps, as aforesaid, OF
or about a certaintime in said contrac
named, to-wit., on or about the frs
day of August, Ammo Domini 1876
Now, as the party of second part, it
not necessary for me to assert o
prove the details of the enormou
damage or serious inconvenience SUI
fered by me which might, could, o
should entail a loss, expenditure o
agony not to be expressed by an
known sum in American currency"
The book fiend smiled and coOlly re
marked, Il couldn't get the atlas i
August last. 1t wasn't printed; an
therefore l couldn't deliver it. Her
it is now. III take ten dollars an
call it square,
"You will find that Kent's CONNER
taries will not sustain your answer
sir. That great thinker lays it dow
as a legal axiom that where there
positive contract to do anything, nc
in itself unlawful, the contracto
must perform it Or pay damages f.
not doing it, although in consequence
of unforeseen accidents the perform
ance has become unexpectedly burden
some, or even impossible
You couldn't prove that shouldn
get my pay if you was to argue
week"
THAT, sir, is happily answered I
the well-known legal maxim, Quo
constant clare, non debet veri6cari
which, being translated, meanet
what is clearly appare 1t need not