Elmore County Republican. [volume] (Mountain Home, Idaho) 1910-1915, 1913-08-02


Not infrequently In his anxiety to
close q bargain. one will agree to fur
nish an article or perform services
to the satisfaction OF the other party
Your watch Is out Of order; you take
it to watch maker, yet hesitate
about leaving 1t for him to repair
He agrees to fix 1t to your satisfac
ton. You wish to purchase a silver
dish Of a jeweler, but you desire q
monogram placed upon it, and you
doubt that he possesses the artistic
ability and good taste to do the worh
so that 1t will please YOU. He as
sures you that he can and will please
you and that II he does not perform
the task to your satisfaction YOU
need not take the dish. You give
him an order under these conditions
You wish to have your roof fixed
and, driving close bargain, insist
| that the carpenter agree that he viii
| perform the task to your satisfaction
else he need not be paid. You &c
to your tailor to place m order fol
a suit. In his anxiety to secure the
order, which you seem somewhat
loathe to give, he ass res you that
that he will make you suit that
Will satisfy you and tLat 1t he does
not, you need not take it.
In each Of these case you have en-
tered into contract with the trades
man or workman, calling for the
performance Of certain labor and the
furnishing OF materials or the sale
of an article. Now, suppose that in
each Of these cases the work specif-
led Is performed in fair and work
manhke manner, with reasonable
skill. Yet, suppose you have chang.
ed your mind In every case and no
longer desire the article or the work
that was done, or you feel that the
work does not quite please you,
Therefore, you insist that as the 9TH
ers took the risk of pleasing you,
you are entitled to insist that they
do 1t and II they do not You may re-
fuse to accept the work which they
nave performed for you. They In
sist that the work Is well done and
that you ought to be satisfied. Your
contention is that no one but your
self can say whether you are salts
lied or not and that II you say you
are not that settles 1t.
Suppose that the watch maker, the
jeweler, the carpenter and the tailor
all sue you, insisting that they have
performed their portion of the con-
tract and that you must make the
payment agreed. Are you entitled
to insist upon the letter Of the con-
tract and enforce your own work as
to whether You are satisfied or not,
regardless OF whether a reasonable
man would say that you ought to be
satisfied The answer Is that in some
cases you can and in some cases
you cannot.
The matchmaker and the carpen-
ter could force you to accept their
work and make the agreed payment;
the jeweler and the tailor would
probably be forced to accept your de-
cision that you were not satisfied.
and make such other disposition as
they could of the dish engraved |
with your monogram and the suit cut |
to your measure, without receiving |
any pay whatever from you. The
which the law draws be-
tween these cases is the distinction |
between work requiring mechanical
and . mechanical excel.
ence and work designed to tit vary
ng personal taste, as work Of an ar
.istic nature. II q brick foundation
s to be built for your new shed,
Ind is to be completed to your salts
action, and 1t Is completed in sub
,tantial and WOrkmanlfko manner.