Rental
Property
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."
Within
a few days, 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 defence 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, which 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 immediately wrote a check.