The Vancouver independent. (Vancouver, W.T. [Wash.]) 1875-1910, 1880-06-24
One Hundred Kisses.

be watched with interest by the legal
profession in all parts of the country.
1t is the first suit of the kind on record.
but in the event of the plaintiffs sue
cess, i. viii by no means be the last.
Some time ago, Mr.. Finch, of New
bern, who is in the jewelry business,
exhibited to Miss Waters, young lady
with whom he was on friendly terms,
a Leautiful set of real jet. The lady
was very sanxious to own the set. but
was not able to buy it. In these cir
cumstances Mr.. Finch proposed a novel
kind of bargain. He said that he would
sell Miss Waters the set for one hun
bred kisses, to be paid at the rate of one
kiss daily on each and every day next
ensuing from the day Of the date Of the
agreement, excepting nevertheless, each
and every Sunday thereafter. 1t was
furthermore provided that Mr. Finch
was to call at the lady's house every
morning, except Sunday, to receive his
daily kiss. which Miss Waters under
took and promised to fully deliver to
him. This contract was not reduced to
writing, but it was fully understood and
agreed to by both parties, and the set of
let was rendered to Miss Waters and &C.
septed by her.
The next morning Mr.. Finch called
ON Miss Waters tor his first kiss, which,
as the young lady now maintains, was
fully paid. On each subsequent morn
ing, for thirty consecutive days-Sun-
days excepted-the same proceedings
were had. On the thirty first day, how
ever, Mr.. Finch made formal CON-
plant that Miss Waters WAS not fulfil
ling her contract, inasnuch as she in.
sisted upon permitting him to kiss her
check only. He maintained that this
did not constitute q legal kiss, and he
demanded that he should be allowed to
put his left arm around Miss Waters
waist and kiss her in the highest style of
the art. To this request firm refusal
was returned. The lady expressed her
willingness to carry out her agreement.
SO far as her cheek was concerned, and
even offered to give Mr.. Finch his choice
of cheeks, but she insisted that the con-
tract would not bear the construction
put upon it by Mr.. Finch, and that she
would never submit to such construc-
ton. Thereupon Mr.. Finch, in great
indignation, left the house, and brought
nm action for breach of contract against
the lady.
This action raises several new and in
teresting questions, among the most i'm
porrant OF which is, What constitutes,
in the eye Of the law, kiss2 The tes-
timonv of several experts is to be intro
duced by the plaintiff; but, although
these experts will probably start out
with the assertion that kiss is that
which is impressed by one pair of lips
upon another pair, they will subsequent
ly be compelled to admit on cross-ex-
animation, tina. one pair of lips alone
may imprint kiss upon any accessible
object. This seems, ut first sight. fatal
to the PLAINTIFF claim that the defend
ant did not furnish him with lawful
current kisses, but it must be noticed
that he gets up the further plea that
there is difference between active and
passive kisses that Miss Waters prom
ised to give him a certain quantity of
kisses--not to permit him to take them
and that giving kisses is an act which
requires the use of tho lips. This is
certainly a strong point, and though the
court may decide that there is no one
variety Of kiss which can be held to be
the only kiss known to the common law,
it may give an authoritative definition
of an active kiss, which will be of in !:
mense service to mankind.
1t is maintained BY counsel for the
defendant that there was no contract
between the parties, for the reason thai
kisses cannot constitute . valid consid
~ation. Tho decision on this point will
be eagerly waited for. That q kiss is
something which can DO given willingly
Or taken by force, ard thss it is COM
monty rcputed to possess moro or less
intrinsic valse, arc points which the
plaintiffs counsel will eloqusntly main
tain. Hence it seems that . kiss may
be valuable and sufficient consideration
upon which to base contract. On the
other hand it is asserted that the courts
have never recognized kiss - property
espabls of being stolen, aud that when
kiss has BEEN seized BY violence the only
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