Attorney and client -- Fiction; Law firms -- Fiction; Legal stories; New York (N.Y.) -- Fiction
"The only legal question in the case, or so it appears to us, is whether
there is such a sale of food to a guest on the part of the proprietor
as will sustain a warranty. If we are not in error, however, the law is
settled and has been since the reign of Henry the Sixth. In the Ninth
Year Book of that Monarch's reign there is a case in which it was held
that 'if I go to a tavern to eat, and the taverner gives and sells me
meat and it corrupted, whereby I am made very sick, action lies against
him without any express warranty, for there is a warranty in law'; and
in the time of Henry the Seventh the learned Justice Keilway said, 'No
man can justify selling corrupt victual, but an action on the case lies
against the seller, whether the victual was warranted to be good or
not.' Now, certainly, whether mouse meat be or be not deleterious to
health a guest at a hotel who orders a portion of kidney stew has the
right to expect, and the hotel keeper impliedly warrants, that such dish
will contain no ingredients beyond those ordinarily placed therein."
* * * * *
"A thousand dollars!" exulted Tutt when the verdict was rendered. "Why,
anyone would eat mouse for a thousand dollars!"
The Comers Hotel became in due course a client of Tutt & Tutt, and the
mouse which made Mr. Tutt famous did not die in vain, for the case
became celebrated throughout the length and breadth of the land, to the
glory of the firm and a vast improvement in the culinary conditions
existing in hotels.
"Come in, Mr. Barrows! Come right in! I haven't seen you for--well, how
long is it?" exclaimed Mr. Tutt, extending a long welcoming arm toward a
human scarecrow upon the threshold.
"Five years," answered the visitor. "I only got out day before
yesterday. Fourteen months off for good behavior."
He coughed and put down carefully beside him a large dress-suit case
marked E.V.B., Pottsville, N.Y.
"Well, well!" sighed Mr. Tutt. "So it is. How time flies!"
"Not in Sing Sing!" replied Mr. Barrows ruefully.
"I suppose not. Still, it must feel good to be out!"
Mr. Barrows made no reply but dusted off his felt hat. He was but the
shadow of a man, an old man at that, as was attested by his long gray
beard, his faded blue eyes, and the thin white hair about his fine
domelike forehead.
"I forget what your trouble was about," said Mr. Tutt gently. "Won't you
have a stogy?"
Mr. Barrows shook his head.
"I ain't used to it," he answered. "Makes me cough." He gazed about him
vaguely.
"Something about bonds, wasn't it?" asked Mr. Tutt.
"Yes," replied Mr. Barrows; "Great Lakes and Canadian Southern."
"Of course! Of course!"
Public-domain text, read in full here on John Shaqi.
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