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 round,
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."
Within a few days, he was surprised when he received a summon 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 he 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, "Your honor, my client agrees that the
defendant did find a well on her property.
However, had the 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 from its
current location and provide it to the plaintiff for damages."
The defendant wrote a check immediately