"Yes," said his father, "_tacit_ means silent; a tacit or implied
agreement is one which is made without being formally expressed in
words. If it is only understood by both parties, it is just as binding
as if it were fully expressed. For instance, if I go into a bookstore,
and ask the bookseller to put me up certain books, and take them and
carry them home, and then he charges them to me in his books, I must pay
for them: for, though I did not _say_ any thing about paying for them,
yet my actions constituted an implied agreement to pay. By going in and
getting them, under those circumstances, I, in fact, tacitly promise
that I will pay for them when the bookseller sends in his bill. A very
large portion of the agreements made among men are tacit agreements."
The children all listened very attentively, and they understood very
well what Rollo's father was saying. Rollo was considering whether there
had been a tacit agreement that the society should have the cabinet; but
he did not speak.
"Now, Rollo, did you consent to the formation of the society?"
"Yes, sir," said Henry, eagerly; "he _asked_ us all to form the
society."
"And was it the understanding that the museum was to be kept in the
cabinet that Jonas made?"
"Yes, sir," said Rollo, rather faintly.
"Then, it seems to me that there was a tacit agreement on your part,
that if the children would form the society and help you make the
collection, you would submit to whatever arrangements they might make
about the officers and the charge of the cabinet. You, in fact, _bailed_
the cabinet to the society."
"Yes, sir," said the children.
"And as the bailment was for your advantage, as well as theirs, you
ought not to have taken possession of the property again, until a fair
opportunity had been afforded to accomplish the purpose of the bailment,
that is, the collection of a cabinet by the society. So, you see, you
fell into the same fault in respect to the society, that Henry did in
regard to you in the case of the dipper."
The children were silent; but they all perceived the justice of what
Rollo's father had said.
"And the society have a claim upon you, Rollo, for compensation for the
disappointment and trouble you have caused them by taking away the
cabinet."
Rollo looked rather serious.
"O, we don't care about it," said Lucy.
"Well," said his father, "if the society release their claim upon you,
as you did yours upon Henry, very well. I hope, at all events, you will
all go on pleasantly after this."
The children then went out, and Rollo, followed by the other boys, went
to find Jonas, to tell him he might be cabinet keeper. They tried to
tell Jonas the whole story, and about Rollo's giving the fish to Henry,
and its being a bailment. But they could not make Jonas understand it
very well. He said he did not know any thing about bailment, except
bailing out boats--he had never heard of bailing fishes.
THE CURIOSITIES.
Public-domain text, read in full here on John Shaqi.
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