LITMIR.BIZ

Скачать книгу

      "No."

      "Are you a well-educated man?"

      "Yes."

      "And yet you persist in that statement?"

      "Yes."

      Throughout this and much more cross-examination, which turned again and again around the 'nice point,' James sat with his hand behind his ear, his eyes fixed upon his son.

      He was proud of him! He could not but feel that in similar circumstances he himself would have been tempted to enlarge his replies, but his instinct told him that this taciturnity was the very thing. He sighed with relief, however, when Soames, slowly turning, and without any change of expression, descended from the box.

      When it came to the turn of Bosinney's Counsel to address the Judge, James redoubled his attention, and he searched the Court again and again to see if Bosinney were not somewhere concealed.

      Young Chankery began nervously; he was placed by Bosinney's absence in an awkward position. He therefore did his best to turn that absence to account.

      He could not but fear—he said—that his client had met with an accident. He had fully expected him there to give evidence; they had sent round that morning both to Mr. Bosinney's office and to his rooms (though he knew they were one and the same, he thought it was as well not to say so), but it was not known where he was, and this he considered to be ominous, knowing how anxious Mr. Bosinney had been to give his evidence. He had not, however, been instructed to apply for an adjournment, and in default of such instruction he conceived it his duty to go on. The plea on which he somewhat confidently relied, and which his client, had he not unfortunately been prevented in some way from attending, would have supported by his evidence, was that such an expression as a 'free hand' could not be limited, fettered, and rendered unmeaning, by any verbiage which might follow it. He would go further and say that the correspondence showed that whatever he might have said in his evidence, Mr. Forsyte had in fact never contemplated repudiating liability on any of the work ordered or executed by his architect. The defendant had certainly never contemplated such a contingency, or, as was demonstrated by his letters, he would never have proceeded with the work—a work of extreme delicacy, carried out with great care and efficiency, to meet and satisfy the fastidious taste of a connoisseur, a rich man, a man of property. He felt strongly on this point, and feeling strongly he used, perhaps, rather strong words when he said that this action was of a most unjustifiable, unexpected, indeed—unprecedented character. If his Lordship had had the opportunity that he himself had made it his duty to take, to go over this very fine house and see the great delicacy and beauty of the decorations executed by his client—an artist in his most honourable profession—he felt convinced that not for one moment would his Lordship tolerate this, he would use no stronger word than daring attempt to evade legitimate responsibility.

      Taking the text of Soames' letters, he lightly touched on 'Boileau v. The Blasted Cement Company, Limited.' "It is doubtful," he said, "what that authority has decided; in any case I would submit that it is just as much in my favour as in my friend's." He then argued the 'nice point' closely. With all due deference he submitted that Mr. Forsyte's expression nullified itself. His client not being a rich man, the matter was a serious one for him; he was a very talented architect, whose professional reputation was undoubtedly somewhat at stake. He concluded with a perhaps too personal appeal to the Judge, as a lover of the arts, to show himself the protector of artists, from what was occasionally—he said occasionally—the too iron hand of capital. "What," he said, "will be the position of the artistic professions, if men of property like this Mr. Forsyte refuse, and are allowed to refuse, to carry out the obligations of the commissions which they have given." He would now call his client, in case he should at the last moment have found himself able to be present.

      The name Philip Baynes Bosinney was called three times by the Ushers, and the sound of the calling echoed with strange melancholy throughout the Court and Galleries.

      The crying of this name, to which no answer was returned, had upon James a curious effect: it was like calling for your lost dog about the streets. And the creepy feeling that it gave him, of a man missing, grated on his sense of comfort and security-on his cosiness. Though he could not have said why, it made him feel uneasy.

      He looked now at the clock—a quarter to three! It would be all over in a quarter of an hour. Where could the young fellow be?

      It was only when Mr. Justice Bentham delivered judgment that he got over the turn he had received.

      Behind the wooden erection, by which he was fenced from more ordinary mortals, the learned Judge leaned forward. The electric light, just turned on above his head, fell on his face, and mellowed it to an orange hue beneath the snowy crown of his wig; the amplitude of his robes grew before the eye; his whole figure, facing the comparative dusk of the Court, radiated like some majestic and sacred body. He cleared his throat, took a sip of water, broke the nib of a quill against the desk, and, folding his bony hands before him, began.

      To James he suddenly loomed much larger than he had ever thought Bentham would loom. It was the majesty of the law; and a person endowed with a nature far less matter-of-fact than that of James might have been excused for failing to pierce this halo, and disinter therefrom the somewhat ordinary Forsyte, who walked and talked in every-day life under the name of Sir Walter Bentham.

      He delivered judgment in the following words:

      "The facts in this case are not in dispute. On May 15 last the defendant wrote to the plaintiff, requesting to be allowed to withdraw from his professional position in regard to the decoration of the plaintiff's house, unless he were given 'a free hand.' The plaintiff, on May 17, wrote back as follows: 'In giving you, in accordance with your request, this free hand, I wish you to clearly understand that the total cost of the house as handed over to me completely decorated, inclusive of your fee (as arranged between us) must not exceed twelve thousand pounds.' To this letter the defendant replied on May 18: 'If you think that in such a delicate matter as decoration I can bind myself to the exact pound, I am afraid you are mistaken.' On May 19 the plaintiff wrote as follows: 'I did not mean to say that if you should exceed the sum named in my letter to you by ten or twenty or even fifty pounds there would be any difficulty between us. You have a free hand in the terms of this correspondence, and I hope you will see your way to completing the decorations.' On May 20 the defendant replied thus shortly: 'Very well.'

      "In completing these decorations, the defendant incurred liabilities and expenses which brought the total cost of this house up to the sum of twelve thousand four hundred pounds, all of which expenditure has been defrayed by the plaintiff. This action has been brought by the plaintiff to recover from the defendant the sum of three hundred and fifty pounds expended by him in excess of a sum of twelve thousand and fifty pounds, alleged by the plaintiff to have been fixed by this correspondence as the maximum sum that the defendant had authority to expend.

      "The question for me to decide is whether or no the defendant is liable to refund to the plaintiff this sum. In my judgment he is so liable.

      "What in effect the plaintiff has said is this 'I give you a free hand to complete these decorations, provided that you keep within a total cost to me of twelve thousand pounds. If you exceed that sum by as much as fifty pounds, I will not hold you responsible; beyond that point you are no agent of mine, and I shall repudiate liability.' It is not quite clear to me whether, had the plaintiff in fact repudiated liability under his agent's contracts, he would, under all the circumstances, have been successful in so doing; but he has not adopted this course. He has accepted liability, and fallen back upon his rights against the defendant under the terms of the latter's engagement.

      "In my judgment the plaintiff is entitled to recover this sum from the defendant.

      "It has been sought, on behalf of the defendant, to show that no limit of expenditure was fixed or intended to be fixed by this correspondence. If this were so, I can find no reason for the plaintiff's importation into the correspondence of the figures of twelve thousand pounds and subsequently of fifty pounds. The defendant's contention would render these figures meaningless. It is manifest to me that by his letter of May 20 he assented to a very clear proposition, by the terms of which he must be held to be bound.

      "For

Скачать книгу