New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1882-11-17
VILKESON rs. BEECHER.

Ward Beecher before the court as a defendant
involves an interesting question OF which both
the law or the land and the customs OF the
people are very vague To give what is called
an advance" q dOuceur," an "h0DOrarium
in anticipation of an unexpected and highly
valued service is very common. But suppose
the service is not rendered in the end. must
the mooey be returned or is the risk and loss
upon the giverR The gist OF Mi. WilkesOn's
case against Mr. Beecher is that in 1867 the
two entered into a contract for Life OF CHI list,
to be written by Mr.. Beecher within about
eighteen months and published by Mr.. Wiki
eson's firm, Ford g. Co. Mr.. WilIIesOn paid Mr.
Beecher $4,000 down, as the contract pre-
scrbed, and Mr.. Beecher prepared the first
volume. Ford g. Co. incurred large outlay in
stereotyping aud printing the volume, adver-
Using the work, canvassing for subscribers, etc.,
which they expected would be reimbursed to
them. with handsome profits. from the sale of
the complete work. But the second volume
has never been forthcoming. Hence Mr.
Wnlleson thinks the $4,000 should be repaid
him together with compensation for the ca
penditures and loss Of profits which-as he
views the matter-Mr. Beecher's culpable re-
missness or delay in furnishing manuscript has
causcd. On Mr. BeecherS side the story seems
substantially to he that he began the task in
good faith and with hearty purpose to com
nlete it rs expected but that shortly afterward
Ford g. Co. projected The Christian Union and
solicited Mr.. Beecher to become Its editor, and
desired him to devote his energies for a time
70 that rather than to the book, which he aid {;
g. I'd hal mir
and apxieties Of a personal nature absorbed his
thoughts and engTossed his mind so as to make
it impractcable that he should successfully
execute work of elevated composition, until
fine time when the second volume could have
been prohtably published had long passed.
And what has been shown Of the correspond
ence between the parties indicates so strongly,
that some members of Ford 81 Co. at one time
assented to the delay as to lead the Judge to
SAY that unless u search through the subsequent
correspondence shall elicit proof that Ford u
Co. aftvrward explicitly retrdcted this assent
and called upon Mr.. Beecher to go ahead he
thinks the suit cannot be sustained. And the
case stands adjourned at this point.
A lucid, comprehensive decision from the
HIGHER courts as to legal rights i'll such cases
would be valued by many classes pt persons
Among managers and artists questions OF like
nature arise so often that they are carefully
nrovided for by the usual contracts. A distln-
onisbed prima donna may stipulate for hand
son.e advance, and it will be paid willingly f;
but counter stipulations arc made as to the con-
SEQUENCES in case she cannot sing or VIII not
sing. Lawyers daily receive large "retalners "
in advance of a trial nay, it is not uncommon
to nav a retainer without expecting any service,
ond merely to put an advocate of distinguished
ability under an honorary obligation to decline
serving the opposite side. ANY such thing as a
Stimulation for repayment is, we think, I'M
known. We do not recall any suit by disap
nointed client for the return of n retainer be-
cause tie counsel. having been sick, or engaged
in other causes, or made judge, did not try the
conse in which he was retained. The custom
of the bar certainly treats any such claims as
addressed to the sense OF justice of the man,
NOT "a ground of lawsuit. Suppose lib
eral check is sent to surgeon of high rank with
tbe reouest that he Will visit a patient and am
INITIATE a limb but, on seeing the case, he be-
li,ves that the operation would be useless, and
rcturns home having done nottingham he
J.. sred for return of the check DiStin-
yuisbed lecturers often receive thor fees IN
advance. Illness, delay OF trains, domestic
affection, may prevent attendance; can the
disanpointed committee claim refund of the
nancy. and reimbursement OF the cost of
advertising and the hire Of the hall And
when IN author of genius and distinction is
offered nm advance to interest him in engaging
in task and enable him to command tho leis-
ure and assistance he may need, does he come
under an implied obligation to repay IN case of
disappointment, or is this ut tho risk of his
cmployers2
Ii will be we'll if some general principle can
he established: and meantime parties to such
dea,inVs will act wisely if they stimulate dis