One evening, after attending the theater, two gentlemen were
walking down the avenue when they observed a rather well dressed
and attractive young lady walking ahead of them.
One of them turned to the other and remarked, "I'd give $250.00
to spend the night with that woman." Much to their surprise, the
young lady overheard the remark, turned around, and replied,
"I'll take you up on that offer." She had a neat appearance and
a pleasant voice, so after bidding his companion good night, the
man accompanied the young lady to her apartment.
The following morning, the man presented her with $125.00 as he
prepared to leave. She demanded the rest of the money stating,
"If you don't give me the other $125.00, I'll sue you for it."
He laughed saying, "I'd like to see you get it on these grounds."
The next day, he was surprised when he received a summons
ordering his presence in court as a defendant in a lawsuit. He
hurried to his lawyer and explained the details of the case. His
lawyer said, "She can't possibly get a judgment against you on
such grounds, but it will be interesting to see how her case
will be presented."
After the usual preliminaries, the lady's lawyer addressed the
court as follows: "Your honor, my client, this lady, is the
owner of a piece of property--a garden spot--surrounded by a
profuse growth of shrubbery, which property she agreed to rent
to the defendant for a specified length of time for the sum of
$250.00. The defendant took possession of the property, used it
extensively for the purposes for which it was rented, but upon
evacuating the premises, he paid only $125.00, one-half of the
amount agreed upon. The rent was not excessive, since it is
restricted property, and we ask judgment be granted against the
defendant to assure payment of the balance."
The defendant's lawyer was impressed and amused by the way his
opponent had presented the case. His defense, therefore, was
somewhat different from the way he originally planned to present
it. "Your honor," he said, "My client agrees that the lady has a
fine piece of property, that he did rent such property for a
time, and a degree of pleasure was derived from the transaction.
However, my client found a well on the property around which he
placed his own stones, sunk a shaft, and erected a pump, all
labor performed personally by him. We claim these improvements
to the property were sufficient to offset the unpaid amount, and
that the plaintiff was adequately compensated for the rental of
said property. We, therefore, ask that judgment not be granted."
The young lady's lawyer answered thus: "Your honor, my client
agrees that the defendant did find a well on her property.
However, had defendant not known that the well existed, he would
never have rented the property. Also, upon evacuating the
premises, the defendant removed the stones, pulled out the
shaft, and took the pump with him. In doing so, he not only
dragged the equipment through the shrubbery, but left the hole
much larger than it was prior to his occupancy, making the
property much less desirable to others. We, therefore, ask that
judgment be granted."
In the Judge's decision, he provided for two options: "Pay the
125.00 or have the equipment detached and provided to the
plaintiff for damages." The defendant wrote a check immediately.
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