At the end of three disillusionizing weeks Abe Potash and Morris Perlmutter sat in the show-room of their place of business. Abe's hat was tilted over his eyes and he whistled a tuneless air. Morris was biting his nails.
"Well, Mawruss," Abe said at length, "when we're stuck we're stuck; ain't it? What's the use of sitting here like a couple of mummies; ain't it?"
Morris ceased biting his nails.
"Yes, Abe," he said, "ten hundred and thirty-three, thirty-three for a designer what couldn't design paper-bags for a delicatessen store. I believe he must have took lessons in designing from a correspondence school."
"Believe me, Mawruss, he learned it by telephone," Abe replied. "But cussing him out won't do no good, Mawruss. The thing to do now is to get busy and turn out some garments what we can sell. Them masquerade costumes what he gets up you couldn't sell to a five-and-ten-cent store."
"All right," Morris said. "Let's have another designer and leave Louis to do the cutting."
"_Another_ designer!" Abe exclaimed. "No, Mawruss, you're a good enough designer for me. I always said it, Mawruss, you're a first-cla.s.s A Number One designer."
Thus encouraged, Morris once more took up the work of the firm's designing, and he labored with the energy of despair, for the season was far spent. At length he evolved four models that made Abe's eyes fairly bulge.
"That's snappy stuff, Mawruss," he said, as he examined the completed samples one morning. "I bet yer they sell like hot cakes."
Abe's prophecy more than justified itself, and in ten days they were completely swamped with orders. Abe and Morris went around wearing smiles that only relaxed when they remembered Louis Grossman and his hide-bound agreement, under which he drew five per cent. of the firm's profits and sixty dollars a week.
"Anyhow, Mawruss, we'll get some return from Louis Grossman," Abe said.
"I advertised in the Daily Cloak and Suit Record yesterday them four styles of yours as the four best sellers of the season, originated by the creator of the Arverne Sacque. Ike Herzog was in the first thing this morning and bought two big lots of each one of the models. Ike's a great admirer of Louis Grossman, Mawruss. I bet yer when Sammet Brothers saw that ad they went crazy; ain't it?"
"But," Morris protested, "why should Louis Grossman get the credit for my work?"
"Because, Mawruss, you know them Arverne Sacques is the best sellers put out in the cloak and suit business this year," Abe replied. "And besides, Mawruss, we may be suckers, but that ain't no reason why Sammet Brothers should know it."
"Don't worry, Abe," said Morris; "they know they stuck us good and plenty when they released Louis Grossman."
"Do they?" Abe rejoined. "Well, they don't know it unless you told 'em.
Louis Grossman won't tell 'em and I didn't tell 'em when I met Leon and Barney at lunch to-day."
"What did you tell 'em!" Morris asked, somewhat alarmed.
"I told 'em, Mawruss, that the season is comparatively young yet, but we already made from ten to twenty per cent. more sales by our new designer. I told Leon them new styles what Louis Grossman got up for us is selling so big we can't put 'em out fast enough."
"And what did Leon say?" Morris asked.
"He didn't say nothing," Abe replied, "but he looked like his best customer had busted up on him. Then I showed him the order what we got from Ike Herzog, and he started in right away to call Barney down for going home early the day before. I tell you, Mawruss, he was all broke up."
"I know, Abe," Morris commented, "that's all right, too, but, all the same, we ain't got much of a laugh on them two boys, so long as Louis Grossman loafs away upstairs drawing sixty dollars a week and five per cent. of the profits."
"Well," Abe replied, "what are you going to do about it? Henry D.
Feldman drew up the contract, and you know, Mawruss, contracts what Henry D. Feldman makes n.o.body can break."
"Can't they?" Morris cried. "Well, if Henry D. Feldman made it can't Henry D. Feldman break it? What good is the lawyer, anyhow, what can't get us out of the contract what he fixed up himself?"
Abe pondered over the situation for five minutes.
"You're right, Mawruss," he said at length; "I'll go and see Henry D.
Feldman the first thing to-morrow morning."
The next morning Leon Sammet sat at his roll-top desk in his private office, while Barney went over the morning mail.
"Hallo," Barney cried, "here's a check from Horowitz & Finkelbein for the full amount of their bill, Leon. I guess they thought better of that return shipment they made of them b.u.m garments that Louis Grossman designed. They ain't made no deduction on account of it."
"b.u.m garments, nothing," Leon commented. "Them garments was all right, Barney. I guess we didn't know how to treat Louis Grossman when he worked by us. Look at the big success he's making by Potash & Perlmutter. I bet yer they're five thousand ahead on the season's sales already. We thought they was suckers when they paid us ten thirty-three, thirty-three for him, but I guess the shoe pinches on the other foot, Barney. I wish we had him back, that's all. Them four new designs what he made for Potash & Perlmutter is tremendous successes. What did he done for us, Barney? One garment, the Arverne Sacque, and I bet yer them four styles will put the Arverne Sacque clean out of business."
"Well, Leon," said Barney, "you traded him off so smart, why don't you get him back? Why don't you see him, Leon?"
"I _did_ see him," said Leon. "I called at his house last night."
"And what did he say?" Barney asked.
"He said he's under contract, as you know, with Potash & Perlmutter, and that if we can get him out of it he's only too glad to come back to us.
But Henry D. Feldman drew up that contract, Barney, and you know as well as I do, Barney, that what Henry D. Feldman draws up is drawn up for keeps, ain't it?"
"There's loopholes in every contract, Leon," said Barney, "and a smart lawyer like Henry D. Feldman can find 'em out quick enough. Why don't you go right round and see Henry D. Feldman? Maybe he can fix it so as to get Louis back here."
Leon shut down his roll-top desk and seized his hat.
"That's a good idea, Barney," he said. "I guess I'll take your advice."
It is not so much to know the law, ran Henry D. Feldman's motto, paraphrasing a famous dictum of Judge Sharswood, as to look, act and talk as though you knew it. To this end Mr. Feldman seldom employed a word of one syllable, if it had a synonym of three or four syllables, and such phrases as _res gestae_, _scienter_, and _lex fori delicti_ were the very life of his conversation with clients.
"The information which you now disclose, Mr. Sammet," he said, after Leon had made known his predicament, "is all _obiter dicta_."
Leon blushed. He imagined this to be somewhat harsh criticism of the innocent statement that he thought Potash & Perlmutter could be bluffed into releasing Louis Grossman.
"_Imprimis_," Mr. Feldman went on, "I have not been consulted by Mr.
Grossman about what he desires done in the matter, but, speaking _ex cathedra_, I am of the opinion that some method might be devised for rescinding the contract."
"You mean we can get Potash & Perlmutter to release him?"
"Precisely," said Mr. Feldman, "and in a very elementary and efficacious fashion."
"Well, I ain't prepared to pay so much money at once," said Leon.
Now, when it came to money matters, Henry D. Feldman's language could be colloquial to the point of slang.
"What's biting you now?" he said. "I ain't going to charge you too much.
Leave it to me, and if I deliver the goods it will cost you two hundred and fifty dollars."
Leon sighed heavily, but he intended getting Louis back at all costs, not, however, to exceed ten thirty-three, thirty-three.
"Well, I ain't kicking none if you can manage it," he replied. "Tell us how to go about it."
Straightway Mr. Feldman unfolded a scheme which, stripped of its technical phraseology, was simplicity itself. He rightly conjectured that the most burdensome feature of the contract, so far as Potash & Perlmutter were concerned, was the five per cent. share of the profits that fell to Louis Grossman each week. He therefore suggested that Louis approach Abe Potash and request that, instead of five per cent. of the profits, he be paid a definite sum each week, for the cloak and suit business has its dull spells between seasons, when profits occasionally turn to losses. Thus Louis could advance as a reason that he would feel safer if he be paid, say, twenty dollars a week the year round in lieu of his uncertain share of the profits.