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very equivocal right: the abatement of an alleged nuisance; the restraint of a customary trespass; resistance to a doubtful encroachment; enforcement of a vague contract; or above all, the assertion of some very questionable right of way, of toll, of common, and so forth. With clergymen invariably it arises on the titheable character of a twig of hazel or an alder bush. So with the client whimsical, his wrongs are always characteristic of the man: they savor of frivolity,- he has been deceived in the value of a painting or a horse,-or the mail has started before its time, and left him behind

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or he has contracted for a green-house or a dog-kennel, and the builder has built it one way while he ordered it another; and then comes objection; objection ends in quarrel; and each party flies to his attorney, to bring the other to book; it by no means follows that the attorney is empowered to act, however. I had an amusing instance of this indecision in a man who was otherwise sensible, and who chanced, on this occasion, to be right on the merits. My friend had contracted for extensive alterations in his house; a specification had been prepared, but as usual, the original plan had been aband

oned, revived, again abandoned, and eventually varied a dozen times. Of course a bill for extra work to no small amount, was sent in. He brought it to me.

"Here's a pretty rascal for you! he contracted to do the job for a hundred pounds, which I paid him, and here is sixty-three more! I shall not pay it. Can he make me, Sharpe?"

"That depends on circumstances; was the work included in the contract?"

"Some of it was; he was to open a door into the drawing-room, but I afterwards ordered folding-doors."

"Is that the only deviation?"

"No: the new windows were to be sash windows, and they were altered to French."

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"Why, I was obliged to change the position of the fire-place on account of the kitchen flues.” "Was this all?"

"Pretty nearly, only the recess was turned into a closet."

"Have you done now?"

"Let me see! No: I forgot the flooring. It was new laid to correspond with the other floor."

"And there the alterations ended?"

"The hinges of the new doors were changed for patent hinges."

"Then the rest was done according to the contract?"

"Not entirely; we did not like the white marble, so we substituted Douro."

"And the painting and papering?"

"It was to have been papered, certainly, but we found that painting was better for the pictures."

"That led to further change?"

"Why, you know we were obliged to have the oak graining to correspond with the drawing-room."

"And the cornices?"

"Oh, dear, I forgot the cornice; of course that was made of the same pattern as the other." "Then with these deviations the specification was adhered to."

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Except in a few trifling matters, perhaps."

On showing him the contract and the plan, I easily satisfied him that the specification had been abandoned in every particular, but he “did not intend to pay nevertheless," and I must write and say so; the next day he repeated his call.

"Have you written, Sharpe ?"

"No: I knew you would change your mind." "I'm glad of it; I want you to write and propose a reference."

This was more rational, but I still hesitated till he called again.

"Will he refer it, Sharpe?"

"I have not asked him."

Very right, for I think if you were to tender him ten or twenty pounds, I shall hear no more about it."

I thought so too; but I was by no means sure that my friend would be of the same mind for four-and-twenty hours, and then we should be worse off than ever. I judged correctly.

"I hope you have not offered the money, Sharpe?" were the first words on the following day.

"Not yet; I shall do so before night."

"By no means; I have made up my mind to resist the claim altogether, for the work's ill done; I am determined to resist it."

Before the week ended, came the attorney's letter enclosing the writ, and my client soon followed it to my office.

"This looks serious, Sharpe; have you retained Serjeant Wilde?"

"No doubt that is done already by the plaintiff, but I will send a retainer at once for the chance."

The plaintiff had secured him the previous day.

"Very unlucky indeed, Sharpe! very unfortunate! what can I do now?"

"Tender him twenty pounds."

"He won't take it: 'tis too late for that.” "Propose a reference."

"I think that would have done a week ago, but 'tis useless now."

"Write and say you will defend the action.” "Yes, and pay all the costs on both sides! juries always give verdicts for brother trades

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"Then pay the money; or go to Brighton and make yourself scarce for a month, and leave the matter to me."

The latter alternative was the most agreeable. I offered a reference to any surveyor of eminence, and added that I should give the offer in evidence; it was accepted, the work was measured, sixty pounds taken off the sixty-three (this is

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