1246 
The RURAL NEW-YORKER 
October 14, 1922 
All Sorts 
On Keeping Out of Law Suits 
Most of us have hoard Punch's advice 
on getting: married, which was—“Don't!" 
If one goes to practically any reputable 
lawyer for advice on going to law, he 
will get the same counsel—“Don’t”—and 
yet the courts are crowded. One hears so 
often that the lawyer is the only one who 
makes anything out of a lawsuit that the 
statement has become trite, and yet when 
his combativeness is aroused, the average 
man will fight rather than come to a com¬ 
promise. I intend in this article to ex¬ 
plain how to avoid lawsuits, without hav¬ 
ing to submit to injustice. 
In the first place, many civil suits are 
caused by misunderstanding. The ob¬ 
vious remedy is to have all business deals 
thoroughly understood by both parties at 
the time a deal is made. To give an ex¬ 
ample from my own recent, experience, I 
sold a barn of hay in exactly the same 
manner as I have done it many times be¬ 
fore. simply by a verbal agreement, the 
buyer paying me part of the price to bind 
the bargain. The bay was to be delivered 
to the railroad, and naturally in that case 
the weights of the bales as determined by 
the pressers would be the weights on 
which I should receive pay. Then the 
buyer wished me to deliver this hay to an 
army post, which I did. The hay was 
weighed in there on platform scales, and 
the weight as determined by these scales 
fell short of that given by the pressers. 
As these pressers were the buyer’s own 
men. and their scales belonged to him, I 
maintained that I should have pay for 
the hay as pressed, while the buyer said 
that he would only pay for what had been 
delivered. A few seconds spent in mak¬ 
ing a memorandum of the sale, and the 
insertion of the words "presser’s weights” 
would have avoided the difficulty. As it 
was. here was the makings of a fine little 
lawsuit. I will tell how I settled this 
had been in the other man’s favor, I 
should simply have felt that I had been 
mistaken as to the law ou the case, and 
that would have been the end of it. 
The cost of this method of settling dif¬ 
ficulties is about six cents and some time. 
We are now both satisfied, and there, are 
absolutely no hard feelings between us. 
Had we had a lawsuit, the cost to me 
would have been as much as the matter 
in dispute—$20—and the cost to him 
would have been the $20, plus the court 
cos'ts and a lawyer's bill. It would hardly 
have come to less than $50. Of course, I 
could have saved about $5 worth of time 
and gasoline by having a more business¬ 
like contract in the first place, but. given 
the disagreement, the best manner to set¬ 
tle it is to submit to a third person who 
is absolutely impartial. If the two par¬ 
ties cannot agree on a third, let each 
choose one and these two choose a third. 
New York. a. h. de gbaff. 
Farmers’ and Workmen’s Compensation; 
Stockholders’ Assessments 
1. Under the laws of New York, is a 
farmer liable for damages if a carpenter 
or other workman is injured while at 
work on his buildings, for instance, 
shingling or building silo? 2. A number 
of farmers have bought and equipped a 
creamery for use in an emergency wbeu 
theier regular market for milk is closed. 
It is seldom used, and in order to meet 
taxes, insurance, repairs, etc., it is neces¬ 
sary to levy an assessmem on the stock. 
Some members who expect to have no fur¬ 
ther use for the creamery say that they 
will forfeit their stock rather than to 
pay the small assessment. Can they do 
this? What are their rights, and the 
rights of the company in this case? The 
company is incorporated in the State of 
New York. F. w. P. 
1. A carpenter who is engaged by the 
owner of a building to make repairs to 
the roof, etc., who did the work in his 
own way without direction from the own¬ 
er except indication of the places to be 
repaired, was held in a case decided on 
July 0 last to be an independent con¬ 
tractor and not an employe, within the 
workmen’s compensation law, even 
though the repairs were being made on 
property occupied by a tenant. A farmer 
does not come within the workmen’s com¬ 
pensation act, while employing workmen 
to repair his buildings, for the reason 
that the repairs are not. for pecuniary 
gain. 
2. Ordinarily au assessment may be 
levied and collected on fully paid stock 
where authority to do so is conferred by 
statute, articles of incorporation, or by 
agreement, but not otherwise. Attempts 
have been made in various ways for as¬ 
sessment of stockholders for amounts 
after the par value of their stock has been 
paid in, but such efforts have generally 
failed. It will be necessary to examine 
your charter, the certificates, etc., in 
order to fully answer your question. It 
will probably be well for you to submit 
this to a local attorney, who could give 
it more attention. N. T. 
Countrywide Produce Situation 
GENERAL MARKET TONE SHOWS IMPROVE¬ 
MENT—PRODUCE MOVEMENT NOW AT 
HIGH POINT OF SEASON. 
The general tone of the markets in 
farm produce is somewhat strouger. 
Grain seesaws according to war news. 
Meats have been tending higher. Dairy 
and poultry products hold values firmly, 
and so does the price of feeds. Fruits 
and vegetables as a class are at least no 
lower, although peaches slumped badly in 
some overloaded markets. Complaints of 
car shortage are heard, especially in the 
West, but total carlot. shipments are 
heavier than last year. What would hap¬ 
pen to the market if more cars were filled 
and sent Fast? Movement of products 
is about 3.000 cars daily and close to the 
highest on record. Potatoes alone require 
1,000 cars daily, and apples about half as 
many, while peaches at peak of move¬ 
ment in September fill more cars than 
the apples. 
APPLES DULL 
A few sales of Winter apples are re¬ 
ported, but most of the news consists of 
the prices offered growers, which ruled 
about $1.25 per box for extra fancy Jona¬ 
thans in the Northwest, and $3 per bar¬ 
rel for Yorks in Missouri. Buyers in 
Western New York are reported offering 
$2.50 per barrel for graded Baldwins and 
$2 for Greenings. The prices are about 
on the level of the market for Fall kinds, 
and apparently loo low. considering light 
crop of Winter kinds. On the whole, the 
fooling is becoming more confident regard¬ 
ing future improvement in the apple situ¬ 
ation from tlie point of view of the pro¬ 
ducer. The central fact is that Baldw ins, 
Greenings and Npys are not a heavy crop. 
If late apples cannot be sold at a fair 
price now there is a good chance that 
thpy will he needed after the first of the 
year. There is no surplus of the good, 
long-keeping cooking varieties, and the 
apple pie eater is after all the great con¬ 
sumer of main crop Eastern apples in 
the long run, one season after another. 
It probably pays average growers best to 
sell before storage, but if buyers will not 
take hold then there is a fair chance in 
a season like this for the grower who 
can supply or hire good storage space. 
Even in the big apple year of 11)20 the 
price of apples held up better than for 
most farm products in that time of gen¬ 
eral slump. 
HOGGING OFF POTATOES 
In some of the remote Far Western 
potato sections the price offered hardly 
pays for picking, sorting and hauling. Ir 
is reported that many of the poorer fields 
will be hogged off. Mr. Henry Root Hog 
as a customer does his own digging and 
is not fussy about the grades. He never 
complains about small sizes, second 
growth, scab, wire worm, hollow heart 
fusarium rot and such trifles, and ac¬ 
cepts every consignment with a grunt of 
satisfaction. He pays at least something 
net in terms of cutting up. trying out 
and salting down. 
Some of the apples have been going to 
the same kind of market, which is a 
meliod of disposal that puts multitudes 
of insects where they will do least harm. 
But the owner of good late-keeping Win¬ 
ter fruit should think twice before feed¬ 
ing out the crop. g. b. f. 
Willis: “Bump is the most remark¬ 
able man I know.” Gillis: “How so?” 
Willis: “He knows he can’t afford to 
own a car.’’ Gillis: "Huh! Lots of peo¬ 
ple know they can’t.” Willis: “Yes, 
but Bump doesn’t own one, either.”— 
New York Sun. 
Little Elsie came in fi’oin the country 
to visit her grandparents. There bein 
other guests. Elsie slept in the foldin 
bed. Upon her return home she wrote: 
“Dear Grandma-—I slept in your bureau 
drawer and liked it very much.”—Credit 
Lost. 
matter a little later. 
Another prolific source of lawsuits is 
the failure of one party to a deal to set¬ 
tle with the other when the time for set¬ 
tlement comes. Such difficulties can be 
avoided in most cases, though not in all. 
One should demand and require cash 
from slippery customers, and these are 
usually known in a community. If 
cash is not to be had and it is considered 
necessary to deal with one whom one does 
not entirely trust, demand good security. 
If a man intends to be honest, he will 
not, or should not, object. If he does 
not intend to be square, why hunt 
trouble ? 
As to the method of avoiding the suit 
after the disagreement has taken place, 
the settlement of the hay case mentioned 
above should be of interest. When I saw 
that the buyer would not settle on what I 
considered to he fair terms, I wrote him 
a letter, stating that I thought that he 
wished to do what was right, and that I 
certainly did, and that the only differ- j 
ence of opinion seemed to be as to just 
what was right. I told him that I 
thought that this was a matter for a 
lawyer to determine, and I suggested that 
we leave the entire matter to some law¬ 
yer that we neither of us knew, prefer¬ 
ably the one employed by a certain farm 
paper which runs a service column for 
its subscribers. At first he did not wish | 
to do this, since he said that I could not 
prove that all the hay pressed had been 
delivered. I had been to the post and 
gotten the ‘tally of the number of bales 
delivered. I then went to the presser, 
and from his book got the tally of the 
number of bales pressed. Since the two 
were the same, the buyer had no further 
reason for refusing, and agreed to the 
proposition. The matter was submitted 
in writing, I taking the buyer's dicta¬ 
tion of his side of the question, and writ¬ 
ing my own side, and submitting it to 
him. The letter was mailed, enclosing 
two self-addressed envelopes, and before 
long there came a decision—in :ny favor 
as it happened. The question of whether 
it was in my favor or in favor of the 
other man, however, had nothing to do 
with the case. If I had settled with him 
as he offered to do. by splitting the differ¬ 
ence, I should have always felt that I 
had suffered an injustice. If the decision 
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