A critical perusal of the terms of this shrewd contract will readily
convince even a layman that it was perfectly legal. Bob hurled mental
defiance at every legal light in the country to prove collusion and
conspiracy to defraud under that contract. It proved merely that Bob
McGraw was acting in his capacity as a duly authorized attorney-at-law,
seeking to turn an honest penny.
Now, in the first place, the abandonment clause in the contract, while
not holding his client to the contract, nevertheless held the land to
Bob McGraw! He anticipated that, in the event of his success in forcing
the registrar of the state land office to accept and approve the
applications, the land ring would immediately seek out each applicant,
charge the applicant with being a party to a gigantic land fraud
conspiracy and threaten him with a Federal Grand Jury investigation in
case he did not at once abandon his filing! The poor and the ignorant
are easily intimidated, and Bob McGraw had figured on this. In the event
of “cold feet” on the part of his applicant, the applicant would come
to _him,_ to abandon, as per the terms of the contract, but by that time
Bob would have a man with nerve to take his place, and his scheme would
still be impervious to “leaks!” While the land was “tied up” by a McGraw
applicant, Bob knew the enemy could not get it.
When Bob's clients signed that contract, it meant nothing! But the
moment the applications were approved for patent, and the State Land
Office had so notified him, and he, in turn, had so notified his
clients, his clients were no longer his clients. They were his victims!
His contract then constituted a promissory note, and Mr. McGraw knew
enough law to realize that failure to pay a promissory note or perform a
contract is actionable. Should his client repudiate the contract _prior_
to the approval of the application, he was safe; but to repudiate it
_after_ approval and after Bob McGraw had advanced him the money to pay
for the land--ah, that was a different matter. Bob McGraw knew he could
secure a judgment against his unfortunate client in any court of law in
the country--and the land was good for the judgment! Having advanced the
cash to purchase the land for his clients, Bob McGraw would hold that
deadly contract over their heads as security for the advance!
Public-domain text, read in full here on John Shaqi.
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