The Litigating Horse Dealer
Among his clients was a farmer who was also engaged in horse trading. It might perhaps be said that horse trading was his principal occupation. This man was an enthusiast. Any horse he happened to own was a living wonder. He sold horses, but most generally his method was to exchange his own for some other horse, each of the parties of the trade trusting to their wits to get the better of the other.
As this man, whose first name was Oliver, was extremely fluent regarding the merits of his horses, there were frequent cases in which the party of the second part was disappointed. When the new owner would compare the horse itself as revealed to him by actual contact and use, with the glowing recommendations of the dealer at the time the trade was made, righteous indignation would often lead to a demand for satisfaction. In such cases he would receive no consideration whatever and if he had the real genuine spunk of the period, he would engage a lawyer and begin legal proceedings at once.
This was at a time when petty litigation was extremely frequent and encouraged by the legal profession. Pacifists were not in fashion and those who were too dignified to settle disputes with their fists, would maintain their self-respect by starting a lawsuit. This class of court cases is pretty generally frowned upon at present, as the standards of the legal profession have advanced steadily the past century, maintaining a close parallel with the similar ethical development of the medical profession.
When Oliver became involved in one of these occasional disputes, he would promptly refer the matter to his attorney, who generally managed to extricate him from even the most unpleasant situation. There was one occasion, however, when this eminent attorney was almost inclined not to act.
After an unusually successful horse trade, Oliver one day appeared at his attorney’s office with a rather grave face.
“Saul,” said he, “I traded horses with a man over on Scrabble Hill and he is all stirred up about it. He has put the matter in his lawyer’s hands and thinks he is going to be able to make out a strong case. What do you think I better do about it?”
The lawyer regarded the matter calmly. It was hardly necessary to ask any questions. The details of such transactions were apt to bear a strong similarity in different trades.
“What can you prove?” he asked.
“Hang it! Saul!” said Oliver. “It isn’t a question of what I can prove; it is what I have to prove.”
The attorney, therefore, although not especially edified at this kind of professional routine, proceeded to give Oliver an outline of the kind of testimony that he should be able to produce to offset the righteous claims of his opponent. Tradition says that Oliver was nearly always prepared to furnish the evidence, having some very accommodating friends and neighbors.