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THE GREEN BAG

SQUIRE

ATTOM'S

DECISIONS

UNDER THE TWELVE OR FOURTEEN MAXIMS OF EQUITY AS SPECIALLY EDITED BY HERBERT J. ADAMS MAXIM V HE WHO SEEKS EQUITY MUST DO EQUITY a Editor's Note : The application by courts of the above maxim would seem to be but an enforcement of the Golden Rule, and sim ply turning it around would produce a very apt and simple paraphase: He must do equity who seeks equity. During the extension of the shorthand notes of the subjoined case, the special edi tor was reminded of the story of a very eco nomical woman. Her frugality centered in bargains. Like most females endowed with the gift, limited means narrowed and ham pered her splendid capacity, as does a bottle prematurely surrounding a growing cucum ber. At the department stores, if the lady was attracted by some article that she had not seen advertised as a bargain, the sales man would reassure her by asking if she had not noticed it given out as one of their best bargains at the price. Unhampered, a mil lion dollars a day would have been but pin money to her. It was not often, however, that she could not restrain her economy and save a nickel to get home on. One day, towards evening, she found herself in an amazing situation. She probably had not been feeling as well as usual, for after ex hausting her list she found herself the happy possessor of a quarter. She wished then that instead of having made a long list, she had simply ordered the whole emporium, bargain signs and all. Then a new sign caught her eye: "Reduction in Fares; Six Rides for a Quarter; Special Arrangements with Street Car Company." Her perplexity was relieved, and she rushed for the "Trans portation Department." It was not until she alighted from the home bound car after

riding only six of the twenty-seven blocks she had to go, during which she examined her purse, that she recalled having ordered the last salesman to have everything deliv ered. That "everything" included the transportation; and "Hank," with a hard day's work done, due for his supper in fifteen minutes. Easyman v. Willing Matter Brought Here for Final Determination after Failure to Settle Same out of Court EQUITY OF THE CASE While it is allowed by law for one party to a dispute to hand out to the other party a summons in suit, yet held, that in equity such act will not be construed to have been done in contemplation of friendly relations thereafter, and the court need not wait on a preponderance of the evidence to hold that such citation is not equivalent in friendly design to an invitation to a smoker. Where the plaintiff is not seeking any equity upon which may be predicated doings by him in that line, but only seeks a legal cinch, held, that the court will anticipate some future seeking, either in this world or in the world to come, and apply the conclu sion of the maxim, must do equity, regard less, in so far as the case presents possibili ties. STATEMENT OF THE CASE Suit to recover judgment for $40.00 for various odd jobs on and about defendant's premises during the six months last past. Defendant claims to have paid plaintiff's wife the sum of $9.00, claiming credit on account. Defendant further claims that prior to suit, and conditioned upon the re turn to him by the plaintiff of a certain arti cle of value and usefulness loaned him, he made tender of the balance. He claims plaintiff refuses to return the property. Mrs. Stacy, witness for plaintiff, and neigh bor of both parties, substantiated by the admissions of plaintiff's wife, the $9.00 claim. Mrs. Easyman had told that her