The Southern Literary Messenger, Vol. II., No. 6, May, 1836Various
General
The Southern Literary Messenger, Vol. II., No. 6, May, 1836
Various
American literature -- 19th century -- Periodicals
5. But you say, the value of my horse being ten pounds, if you deduct
three for his keeping and return me seven, it is all I would in fact
have received had you returned my horse; therefore as I am no loser I
ought to be satisfied: this argument, were there any weight in it,
might serve to justify a man in selling as above, as many of the
horses he takes to keep as he conveniently can, putting clear into his
own pocket that charge their owner must have been at for their
keeping, for this being no loss to the owners, he may say, _where no
man is a loser why should not I be a gainer_. I need only answer to
this, that I allow the horse cost me but ten pounds, nor could I have
sold him for more, had I been disposed to part with him, but this can
be no reason why you should buy him of me at that price, whether I
will sell him or not. For it is plain I valued him at thirteen pounds,
otherwise I should not have paid ten pounds for him and agreed to give
you three pounds more for his keeping, till I had occasion to use him.
Thus, though you pay me the whole ten pounds which he cost me,
(deducting only for his keeping those few days) I am still a loser; I
lose the charge of those {352} days' keeping; I lose the three pounds
at which I valued him above what he cost me, and I lose the advantage
I might have made of my money in six months, either by the interest or
by joining it to my stock in trade in my voyage to Barbadoes.
6. Lastly, whenever a horse is put to keep, the agreement naturally
runs thus: The keeper says I will feed your horse six months on good
hay and oats, if at the end of that time you will pay me three pounds.
The owner says, if you will feed my horse six months on good hay and
oats, I will pay you three pounds at the end of that time. Now we may
plainly see, the keeper's performance of his part of the agreement
must be antecedent to that of the owner; and the agreement being
wholly conditional, the owner's part is not in force till the keeper
has performed his. _You then not having fed my horse six months, as
you agreed to do, there lies no obligation on me to pay for so much
feeding._
Thus we have heard what can be said on both sides. Upon the whole, I
am of opinion that no deduction should be allowed for the keeping of
the horse after the time of his straying.
I am yours, &c.
THE CASUIST.
TO A COQUETTE.
The Lady was playing the _Penserosa_, and the Bard rallied her. She
suddenly assumed the _Allegra_, and rallied him in turn. Whereupon he
sung as follows:
Public-domain text, read in full here on John Shaqi.
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