"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 these reasons there will be judgment for the plaintiff for the amount claimed with costs."
James sighed, and stooping, picked up his umbrella which had fallen with a rattle at the words 'importation into this correspondence.'
Untangling his legs, he rapidly left the Court; without waiting for his son, he snapped up a hansom cab (it was a clear, grey afternoon) and drove straight to Timothy's where he found Swithin; and to him, Mrs. Septimus Small, and Aunt Hester, he recounted the whole proceedings, eating two muffins not altogether in the intervals of speech.
"Soames did very well," he ended; "he's got his head screwed on the right way. This won't please Jolyon. It's a bad business for that young Bosinney; he'll go bankrupt, I shouldn't wonder," and then after a long pause, during which he had stared disquietly into the fire, he added:
"He wasn't there—now why?"
There was a sound of footsteps. The figure of a thick-set man, with the ruddy brown face of robust health, was seen in the back drawing-room. The forefinger of his upraised hand was outlined against the black of his frock coat. He spoke in a grudging voice.
"Well, James," he said, "I can't—I can't stop," and turning round, he walked out.
It was Timothy.
James rose from his chair. "There!" he said, "there! I knew there was something wro...." He checked himself, and was silent, staring before him, as though he had seen a portent.
CHAPTER VI—SOAMES BREAKS THE NEWS
In leaving the Court Soames did not go straight home. He felt disinclined for the City, and drawn by need for sympathy in his triumph, he, too, made his way, but slowly and on foot, to Timothy's in the Bayswater Road.
His father had just left; Mrs. Small and Aunt Hester, in possession of the whole story, greeted him warmly. They were sure he was hungry after all that evidence. Smither should toast him some more muffins, his dear father had eaten them all. He must put his legs up on the sofa; and he must have a glass of prune brandy too. It was so strengthening.
Swithin was still present, having lingered later than his wont, for he felt in want of exercise. On hearing this suggestion, he 'pished.' A pretty pass young men were coming to! His own liver was out of order, and he could not bear the thought of anyone else drinking prune brandy.
He went away almost immediately, saying to Soames: "And how's your wife? You tell her from me that if she's dull, and likes to come and dine with me quietly, I'll give her such a bottle of champagne as she doesn't get every day." Staring down from his height on Soames he contracted his thick, puffy, yellow hand as though squeezing within it all this small fry, and throwing out his chest he waddled slowly away.
Mrs. Small and Aunt Hester were left horrified. Swithin was so droll!
They themselves were longing to ask Soames how Irene would take the result, yet knew that they must not; he would perhaps say something of his own accord, to throw some light on this, the present burning question in their lives, the question that from necessity of silence tortured them almost beyond bearing; for even Timothy had now been told, and the effect on his health was little short of alarming. And what, too, would June do? This, also, was a most exciting, if dangerous speculation!
They had never forgotten old Jolyon's visit, since when he had not once been to see them; they had never forgotten the feeling it gave all who were present, that the family was no longer what it had been—that the family was breaking up.
But Soames gave them no help, sitting with his knees crossed, talking of the Barbizon school of painters, whom he had just discovered. These were the coming men, he said; he should not wonder if a lot of money were made over them; he had his eye on two pictures by a man called Corot, charming things; if he could get them at a reasonable price he was going to buy them—they would, he thought, fetch a big price some day.
Interested as they could not but be, neither Mrs. Septimus Small nor Aunt Hester could entirely acquiesce in being thus put off.
It was interesting—most interesting—and then Soames was so clever that they were sure he would do something with those pictures if anybody could; but what was his plan now that he had won his case; was he going to leave London at once, and live in the country, or what was he going to do?
Soames answered that he did not know, he thought they should be moving soon. He rose and kissed his aunts.
No sooner had Aunt Juley received this emblem of departure than a change came over her, as though she were being visited by dreadful courage; every little roll of flesh on her face seemed trying to escape from an invisible, confining mask.
She rose to the full extent of her more than medium height, and said: "It has been on my mind a long time, dear, and if nobody else will tell you, I have made up my mind that...."
Aunt Hester interrupted her: "Mind, Julia, you do it...." she gasped—"on your own responsibility!"
Mrs. Small went on as though she had not heard: "I think you ought to know, dear, that Mrs. MacAnder saw Irene walking in Richmond Park with Mr. Bosinney."
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