property. George decided there had been a fault, and that Keith had missed the main vein. Well, anyway, George opened up the drift in a different direction, and within three weeks after we'd taken possession, we struck it rich-- that is, pretty rich.
"We tried to keep the thing a secret, but in some way it leaked out. Keith got wind of it, and naturally he was furious. The best thing he could do was to try and rescind the contract, put the swap back to where it had been at the start. So he claimed we'd misrepresented our property to him and said that he wanted a rescission of the contract. Naturally, we told him to go jump in the lake."
"And what did he do?" Mason asked.
"Got a lawyer and started suit, claiming we were guilty of fraudulent misrepresentations and we hadn't told him about this, that, and the other, that he had relied on our word and hadn't ever made an investigation of the property in person. Now that's a lie, Mason. Dixon Keith went out to that property. He looked it over. He made a thorough study of it and even if we had given him any information, which we didn't, he wouldn't have relied on it.
"'The law of fraud, as I understand it, is that if a man relies on false representations, that's one thing; but if he makes an independent investigation and buys the property as the result of that independent investigation, his hands are tied."
"That, generally, is the law," Mason said. "There are, of course, certain exceptions…"
"I know, I know, but I'm not talking about the exceptions now. I'm talking about the law. Because this case is dead open and shut. It's a plain case of a man trying to back out of a contract."
"Can you prove Keith went out to inspect your property?" Mason asked.
"Now then, there's the whole point of the matter," Allred admitted. "There's only one person who can prove that."
"Robert Gregg Fleetwood," Allred said bitterly. "The man who has run off with my wife."
"The situation," Mason said, smiling faintly, "would seem to be complicated."
"It is complicated-- it's annoying-- it's embarrassing. I picked Fleetwood up and made something of him. He's a lazy, no-good. He's run off with my wife, and now he's jeopardizing a lawsuit because no one knows where to get in touch with him. Dixon Keith evidently knows what's up. He's trying to rush the case on for immediate trial. He wants to take my deposition. He wants to take my partner, George Jerome's, deposition. We're in a fix, Mason. We don't want to rely on the claim that he used his independent judgment.and made a trip to inspect the White Horse claim, unless we can prove it. You try to depend on something in a lawsuit and then fall down on the proof-- well, you're a lawyer yourself. You know how that goes"
"And exactly what," Mason asked, "do you want me to do? I'm not in a position to represent you in your mining litigation."
"I understand all that. We have a lawyer."
"Then what do you want me to do?"
"Look here," Allred said, "you're my wife's lawyer. You can hedge around all you want to. I know that you're her lawyer. I want you to get in touch with her."
"What makes you think that I can get in touch with her?"
"I feel confident you can. I want you to tell her that I wish she'd grow up and act her age. Tell her to go to Reno and get a divorce, and it will be all right as far as I'm concerned. And I want you to get in touch with Fleetwood through her and tell Bob Fleetwood to come back and be a man, live up to his responsibilities. If Lola wants him, he can have her. I'm going to play fair with him. I don't think it was his fault entirely. I want to win that lawsuit! I want Bob Fleetwood here and I want him available as a witness. Is that clear?"
That seems to be quite clear."
Allred heaved himself up out of the chair. "That's all I have to say then."
"And suppose I should not be your wife's attorney?"
"You are."
"But suppose I should not be?"
"Well, I don'tknow that it makes any difference, one way or another. I've told
"We tried to keep the thing a secret, but in some way it leaked out. Keith got wind of it, and naturally he was furious. The best thing he could do was to try and rescind the contract, put the swap back to where it had been at the start. So he claimed we'd misrepresented our property to him and said that he wanted a rescission of the contract. Naturally, we told him to go jump in the lake."
"And what did he do?" Mason asked.
"Got a lawyer and started suit, claiming we were guilty of fraudulent misrepresentations and we hadn't told him about this, that, and the other, that he had relied on our word and hadn't ever made an investigation of the property in person. Now that's a lie, Mason. Dixon Keith went out to that property. He looked it over. He made a thorough study of it and even if we had given him any information, which we didn't, he wouldn't have relied on it.
"'The law of fraud, as I understand it, is that if a man relies on false representations, that's one thing; but if he makes an independent investigation and buys the property as the result of that independent investigation, his hands are tied."
"That, generally, is the law," Mason said. "There are, of course, certain exceptions…"
"I know, I know, but I'm not talking about the exceptions now. I'm talking about the law. Because this case is dead open and shut. It's a plain case of a man trying to back out of a contract."
"Can you prove Keith went out to inspect your property?" Mason asked.
"Now then, there's the whole point of the matter," Allred admitted. "There's only one person who can prove that."
"Robert Gregg Fleetwood," Allred said bitterly. "The man who has run off with my wife."
"The situation," Mason said, smiling faintly, "would seem to be complicated."
"It is complicated-- it's annoying-- it's embarrassing. I picked Fleetwood up and made something of him. He's a lazy, no-good. He's run off with my wife, and now he's jeopardizing a lawsuit because no one knows where to get in touch with him. Dixon Keith evidently knows what's up. He's trying to rush the case on for immediate trial. He wants to take my deposition. He wants to take my partner, George Jerome's, deposition. We're in a fix, Mason. We don't want to rely on the claim that he used his independent judgment.and made a trip to inspect the White Horse claim, unless we can prove it. You try to depend on something in a lawsuit and then fall down on the proof-- well, you're a lawyer yourself. You know how that goes"
"And exactly what," Mason asked, "do you want me to do? I'm not in a position to represent you in your mining litigation."
"I understand all that. We have a lawyer."
"Then what do you want me to do?"
"Look here," Allred said, "you're my wife's lawyer. You can hedge around all you want to. I know that you're her lawyer. I want you to get in touch with her."
"What makes you think that I can get in touch with her?"
"I feel confident you can. I want you to tell her that I wish she'd grow up and act her age. Tell her to go to Reno and get a divorce, and it will be all right as far as I'm concerned. And I want you to get in touch with Fleetwood through her and tell Bob Fleetwood to come back and be a man, live up to his responsibilities. If Lola wants him, he can have her. I'm going to play fair with him. I don't think it was his fault entirely. I want to win that lawsuit! I want Bob Fleetwood here and I want him available as a witness. Is that clear?"
That seems to be quite clear."
Allred heaved himself up out of the chair. "That's all I have to say then."
"And suppose I should not be your wife's attorney?"
"You are."
"But suppose I should not be?"
"Well, I don'tknow that it makes any difference, one way or another. I've told
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