The Virginia enterprise. [volume] (Virginia, St. Louis County, Minn.) 1893-19??, 1912-10-18

had besn# outNitted, trapped and, per-
haps. ruined; that the attempt to re-
cover. the money by force had failed;
that further. deception and intrigue
would likewise equally tall. This ath-I
letic young man, muscled like black
smith,, his hands .clenched,z biz shout 4
ders thrown, loosely forward, it were
folly ito assail with blows. It were
equally folly to assan with wiles that
other there, calmly tearing the deed
to ribbons, running the strips Of pa
per backward and forward through his
fingers.
The plan lad crashed without
warning and yet the attorneys pres
ence OF xpin< waa not whit shaken.
His face held It's set like plaster, not
nerve quivered, not q muscle sprung
he had been schooled to meet the
unforeseen. He had gone through a
thousand staggering crises where the
life, the reputation, the fortune Of his
client were in fash periled. He un-
derstood instantly, judged the situa-
ton, and acted at once. He thrust
the pack of one thousand dollars, left
lying on the table, into This pocket
and helped his. dazed client to his feet
and to the door, Then he turned
back to Randolph Mason.
"Your destruction of this deed will
not do any good" he said. THE con-
tract for the sale of this tract Of land
was definitely made and concluded,
here, in the presence of this notary as
witness; the signing Of the deed is
mere physical act in no way affect
ing this sale. I shall at once institute
suit for the specific performance Of
this contract of sale and have court,
commissioner make the deed. ii this
man refuses. The testimony OF the
notary, as the only disinterested per.
son present, will insure the success or
that suit i.
| Mason did not at once answer. He
stood looking closely at the man as
one might at some unusual phenome.
non in nature. Finally he spoke, as
though seeking to induce comment!
"You will hardly institute such a
suit, I Think
"Why will I not institute it," re-;
piled the attorney, his voice rising to
a stronger volume.
| Mason advanced slowly with his
verbal prodding.
WELL" he said, "let us say that
such suit would be founded on a
moral wrong. This tract OF land Is
thought by your client to be fabulous
~ rich. It lies, l believe, above a
synclinal in the oil-bearing strata.
That Is, it contains the oil reservoir OF
the whole region around 1t. 1t Is
worth, your client tells me, a half
million dollars. To take 1t from the
owner fora mere thousand would be q
striking injustice. II the law per-
mitted this wrong, would your con-
science permit it,"
The attorney standing at the door
laughed without disturbing the mus
cles Of his face.
I'VE will take exactly what the
law gives u.s." he said.
Il thought that" replied Randolph
Mason, his prodding ended, his voice
now flashing like a whip, land, there
fore, have taken care to see that the
law does not permit this wrong to be-
come effective. If you look at chapter
ninety-eight Of the Code of the state
In which this oil territory lies, you
will discover that no contract for the
sale of real estate can be enforced in
it's courts unless that contract, or
some agreement or memorandum OF
1t, be in writing and signed by the
party to be charged thereby or his
agents. A contract for the sale OF
land In that state may be made in
the presence of a hundred witnesses,
every detail agreed it, the bargain
struck, or assented to, ended, and yet
it cannot be enforced in its courts
without some signed writing. This
act is called the Statute Of Frauds. l
commend it, likewise, to you for the
value Of its name"
The hope rising in Roger Shelton's
eyes, called up by the words of his
counsel. died there. His mouth. bleed
ing from the impact Of his enemy's
knuckles on the bone, fell into a bag
gy gaping. He turned painfully
through the door. Fhe attorney
remained a moment, looking at
Randolph Mason. He had been out
witted. baked, juggled with, then
grilled on the fire, and yet he came
forth unmoved, Narraganset from
the stake. He followed his client
slowly out, his face placid as though
every nerve in it were cut.
The two bank directors, realizing
now the full import Of Mason's re-
markable strategy, came forward with
profound expressions Of thankfulness.
The unfair gains of a rascal had been
skillfully choked out of him. Rest-
tuition had been made to tricked per-
sons, and yet nothing Of value had
been lost. The ell dorado sighted was
there, remaining in it's owners hands.
It was like some altruistic adjustment,
written into the journal Of dreamer.
Randolph Mason cut short these
speeches with gesture Of impatience.
"Gratitude," he said, like regret,
aonoys me-"
For the legal principle In
volved In this story sec Sec.