One morning two of my trucks would not start. We could not find the trouble; I had to put them in the shop and rent a truck for the day to supplement my one remaining truck. We got our deliveries made, but I was out the truck rent, the repair bill, and four hours" overtime for drivers at time and a half. I had a net loss for the day.
The very next day I was just closing a deal with a man I had been trying to land for a couple of years. The deal was not important, but it would lead to a lot more business in the future, for he owned quite a bit of income property - some courts and an apartment house or two, several commercial corners, and held t.i.tle or options on well-located lots all over town. He always had repair jobs to place and very frequently new building jobs. If I satisfied him, he would be a steady customer with prompt payment, the kind you can afford to deal with on a small margin of profit.
We were standing in the showroom just outside my office, and talking, having about reached an agreement. There was a display of Sunprufe paint about three feet from us, the cans stacked in a neat pyramid. I swear that neither one of us touched it, but it came crashing to the floor, making a din that would sour milk.
That was nuisance enough, but not the pay-off. The cover flew off one can, and my prospect was drenched with red paint. He let out a yelp; I thought he was going to faint. I managed to get him back into my office, where I dabbed futilely at his suit with my handkerchief, while trying to calm him down.
He was in a state, both mentally and physically. Fraser," he raged, you"ve got to fire the clerk that knocked over those cans! Look at me! Eighty-five dollars" worth of suit ruined!"
Let"s not be hasty," I said soothingly, while holding my own temper in. I won"t discharge a man to suit a customer, and don"t like to be told to do so. There wasn"t anyone near those cans but ourselves."
I suppose you think I did it?"
Not at all. I know you didn"t." I straightened up, wiped my hands, and went over to my desk and got out my chequebook.
Then you must have done it!"
I don"t think so," I answered patiently. How much did you say your suit was worth?"
Why?"
I want to write you a cheque for the amount." I was quite willing to; I did not feel to blame, but it had happened through no fault of his in my shop.
You can"t get out of it as easily as that!" he answered unreasonably. It isn"t the cost of the suit I mind-" He jammed his hat on his head and stumped out. I knew his reputation; I"d seen the last of him.
That is the sort of thing I mean. Of course it could have been an accident caused by clumsy stacking of the cans. But it might have been a Poltergeist.
Accidents don"t make themselves.
Ditworth came to see me a day or so later about Biddle"s phony bill. I had been subjected night and morning to this continuous stream of petty annoyances, and my temper was wearing thin. Just that day a gang of coloured bricklayers had quit one of my jobs because some moron had scrawled some chalk marks on some of the bricks. Voodoo marks," they said they were, and woi.ld not touch a brick. I was in no mood to be held up by Mr Ditworth; I guess I was pretty short with him.
Good day to you, Mr Fraser," he said quite pleasantly, can you spare me a few minutes?"
Ten minutes, perhaps," I conceded, glancing at my wrist.w.a.tch.
He settled his briefcase against the legs of his chair and took out some papers.
I"ll come to the point at once then. It"s about Dr Biddle"s claim against you.
You and I are both fair men; I feel sure that we can come to some equitable agreement."
Biddle has no claim against me."
He nodded. I know just how you feel. Certainly there is nothing in the written contract obligating you to pay him. But there can be implied contracts just as binding as written contracts."
I don"t follow you. All my business is done in writing"
Certainly," he agreed; that"s because you are a businessman. In the professions the situation is somewhat different. If you go to a dental surgeon and ask him to pull an aching tooth, and he does, you are obligated to pay his fee, even though a fee has never been mentioned-"
That"s true," I interrupted, but there is no parallel. Biddle didn"t "pull the tooth ."
In a way he did:" Ditworth persisted. The claim against you is for the survey, which was a service rendered you before this contract was written.
But no mention was made of a. service fee."
That is where the implied obligation comes in, Mr Fraser; you told Dr Biddle that you had talked with me. He a.s.sumed quite correctly that I had previously explained to you the standard system of fees under the a.s.sociation-"
But I did not join the a.s.sociation!"
I know, I know. And I explained that to the other directors, but they insist that some sort of an adjustment must be made. I don"t feel myself that you are fully to blame: but you will understand our position, I am sure. We are unable to accept you for membership in the a.s.sociation until this matter is adjusted - in fairness to Dr Biddle."
What makes you think I intend to join the a.s.sociation?"
He looked hurt. I had not expectcd you to take that att.i.tude, Mr Fraser. The a.s.sociation needs men of your calibre. But in your own interest, you will necessarily join, for presently it will be very difficult to get efficient thaumaturgy except from members of the a.s.sociation. We want to help you. Please don"t make it difficult for us."
I stood up. I am afraid you had better sue me and let a court decide the matter,
Mr Ditworth. That seems to be the only satisfactory solution."
I am sorry," he said, shaking his head. It will prejudice your position when you come up for membership."
Then it will just have to do so," I said shortly, and showed him out.
After he had gone I crabbed at my office girl for doing something I told her to do the day before, and then had to apologize. I walked up and down a bit, stewing, although there was plenty of work I should have been doing. I was nervous; things had begun to get my goat - a dozen things that I haven"t mentioned - and this last unreasonable demand from Ditworth seemed to be the last touch needed to upset me completely. Not that he could collect by suing me
- that was preposterous - but it was an annoyance just the same. They say the
Chinese have a torture that consists in letting one drop of water fall on the victim every few minutes. That"s the way I felt.
Finally I called up Jedson and asked him to go to lunch with me.
I felt better after lunch. Jedson soothed me down, as he always does, and I was able to forget and put in the past most of the things that had been annoying me simply by telling him about them. By the time I had had a second cup of coffee and smoked a cigarette I was almost fit for polite society.
We strolled back towards my shop, discussing his problems for a change. It seems the blonde girl, the white witch from Jersey City, had finally managed to make her synthesis stunt work on footgear. But there was still a hitch; she had turned out over eight hundred left shoes - and no right ones.
We were just speculating as to the probable causes of such a contretemps when
Jedson said, Look, Archie. The candidcamera fans are beginning to take an interest in you."
I looked. There was a chap standing at the kerb directly across from my place of business and focusing a camera on the shop. Then I looked again. Joe," I snapped, that"s the bird I told you about, the one that came into my shop and started the trouble!"
Are you sure?" he asked, lowering his voice.
Positive." There was no doubt about it; he was only a short distance away on the same side of the street that we were. It was the same racketeer who had tried to blackmail me into buying protection", the same Mediterranean look to him, the same flashy clothes.
We"ve got to grab him," whispered Jedson.
But I had already thought of that. I rushed at him and had grabbed him by his coat collar and the slack of his pants before he knew what was happening, and pushed him across the street ahead of me. We were nearly run down, but I was so mad I didn"t care. Jedson came pounding after us.