 Case dismissed. You pay up all the fees. Are you shut up? Not another nickel. Not another nickel. I'll throw you two out of here. I warn you, I'm going to throw you out of this house. From unscrupulousness to an eviction notice in less than a month, has this tennis legal problem grown too serious to end in... Case dismissed. WMAQ in cooperation with the Chicago Bar Association presents Case dismissed. This is the story of your legal rights. How vital to preserve and protect them. How easily they may be lost. Today, you meet a young man who knows plenty about electronics, but not quite enough about the law. I suppose you might say the seeds of our trouble were planted long ago, but they took a long time in blooming. It began one Friday afternoon. I came home from the shop, my arms loaded down with a high fidelity amplifier I'd built and a brand new loud speaker. I started up the stairs to our second floor apartment when suddenly... Oh, God, it's that blasted stair. You fell down? No, Joe, I always do this when I come upstairs. It keeps me in triumph. Did you hide yourself in? I don't know yet. All the precincts have it reported. But what happened? You know, it all got well. What happened, Joe? Look at the carpeting on that stair. Any wonder I went down? Oh, yeah, so it is. I'm sorry, Ed, but I should fix that right away. Oh, why don't you wait a while, Joe? Next time it might kill me. Now you don't have to get nasty about it, Ed. I told you I'm sorry, and I'll attend to it. Yeah, you'll attend to it. Like you attend to everything else, this three-story rat trap of yours. The heat, the hot water. Yeah, and that crummy sink of ours upstairs. Two years you've been promising to fix it up. Oh, look, Ed, I'm doing the best I can. I've got just so much money, and that's all. Now, when I can see... Yeah, when you can see your way clear, you'll probably buy yourself another building instead of fixing this one up. Oh, you've been working too hard, Ed. You better go and take a cold shower. What other kind could I get in this dump? That's all I'm going to listen to till you peel off cool off, Miss Ellison. Well, it'll be a cold day, all right, Mr. Mitchell? Walk out on me, will you? We'll see about that, Mr. Mitchell. Probably smashed all this amplifier stuff and this speaker. Sir, Mr. Mitchell, if any of this valuable equipment is broken, I'm gonna send you a nice big bill. Oh, sir, no landlord's gonna go around tripping me on the stairs and get away with it. Oh, sir, not even, Mr. Joe Mitchell. Yeah, but what mistake were you trying to do? Knock the door down? When you got both arms loaded, you gotta knock with your knee. Oh, you're ahead. What on earth were you mumbling and grumbling about out there? I fell down the stairs, Lou. Oh, stopped in for a couple of quick ones, huh? Don't be funny. Our friendly landlord, Joe Mitchell, fits me. Oh, come now, dear, you have been drinking. He might just as well have tripped me. He let that stair carpeting go until it's hanging loose. I stepped where the stair wasn't. Oh, hon, I'm sorry. I thought you were kidding. Yeah. Where'd you hurt yourself? In the pocketbook, I think. I dropped both this new hi-fi amplifier and the speaker that matches it. That's a shame, man. Are you sure they're damaged? Well, no, but as soon as we've had dinner, I'm going to hook them up and find out in a hurry. Well, this amplifier's ready to play, Lou. Let's see if that fall ruined it. Honey, will you hand me the pines of Rome? Any particular pine or the whole forest? Very funny. That LP phonograph record there, the one with the Toscanini on the cover. Well, I can't have. Toscanini won't get up. Oh, come on, Lou. I want to see if this thing's going to work or not. Here, go ahead, Marconi. This end part where Caesar's legions are marching down the Appian way should be a good test. If you say so, dear, I'll... Oh, it's working great! What did you say? I said, anything wrong with the outfit? That's what you say. And what did you say? I said... That fall on the stairs didn't hurt either the amplifier or the speaker. Isn't that wonderful, hon? I wonder how I can answer that and remain your wife and friend. Dear, can't you back it down to a dull roar? Oh, sure. There's a loudness control on this amplifier. But right now I want to test it for high fidelity response, honey. That's why I need all the volume. I said, get along with the equipment. Oh, gee, I knew that fall on the stairs would wreck this amplifier. Wasn't that a terrible noise? Which one? Oh, listen, close. I'll play it again. You don't have to. For me? What did you say? Nothing! Oh, there it goes again! Oh, wait a minute, Lou. Oh, that's not coming out of my loud speaker. That's coming out of the radiator. Uh-huh. That's an old high fidelity trick practiced by janitors and landlords. Used by tenants, too. Hand me that pair of pliers, Lou. Oh, what are you going to do, Eve? Two can play this game. Oh, now stop it, honey. Joe Mitchell has a right to complain. That was terribly noisy. Then let him have the last word. Huh, and they talk about women. Oh, that landlord of ours is going too far lately. Oh, come on, now, Eve. Remember how nice he was when we moved in here 12 years ago? And the good times we've had with the two of them in the past? Sure, but the last year or so, this lousy servicing gives us all the time. It's beginning to get me. Just calm down, dear. Put your pines of Rome back on and turn down the loudness wheel. Loudness control? Control, and just settle down in your easy care for a nice, quiet evening. Just dandy. Noise like that could drive you out of your mind in 30 minutes. Oh, by the way, the water's leaking around that pipe. The whole wall could go. Maybe this bottle cork will do it. Maybe I can plug the end of this blame faucet. There. Well, well, no drop. What do you know about that? Sleep at last. Honey, this is Saturday morning. It's early on Saturday. Well, look, Joe, don't make me madder. That faucet kept me awake half the night. This morning, the kitchen threatened to float away from the house. Joe, you've got to do something about that sink. Eve, I told you before. I know it ought to be attended to, but I can't do it now. First things first, Eve. I got expenses, so get off my back, boy, OK? With the water's rising? Not much. Look, who's talking crazy? Who's been playing the radio last night so loud you could hear it in walkie? It wasn't the radio. It was my hi-fi phonograph, and I wasn't playing it. I was testing it. Get back to the sink, Joe. You're dodging the issue. No, I'm not. I'm just not going to do anything about it right now, and that's fine. You're a stubborn Dutchman. Yeah? And you? You're a hot-headed sweet. Well, late that day, I stopped in at Pete's place for a Saturday afternoon beer. I poured my problem into the sympathetic ear of that loyal friend and expert on all things, Pete himself. As usual, he was ready with an answer. This is not the first time I am in touch with this situation, my friend. The solution is so simple it escapes the average citizen. Oh, what's the pitch? Simply hire a plumber, have this work done, see they do a good job, and send him with his bill to your stubborn landlord. What can he do? At the time, Pete's proposal seemed like sheer brilliance. I didn't even bother to question it, but instead broached it to my good wife, Lou, that evening. She had a few objectives. That's a pretty fast deal to pull on, Joe, honey. Don't you think you ought to give him a little more time to fix up that thing? He's had time, Lou, months of it. I'm sick and tired of waiting, holding our breath every time we walk past the sink for fair little fall on it. I know, dear, but think of all the good times we've had with the Mentos in the past 12 years. The picnics we used to have together, the weekly poker parties we used to hold up here and downstairs in their apartment. You know, very well they don't come any nicer than Joe and Mary Mitchell. At least sleep on that decision tonight. Okay, I'll sleep on it. If that crazy faucet drip will let me. Well, I managed to get a good night's sleep, and on Sunday after church, Lou and I took our dog Enid out for a stroll. When we got back, we turned Enid loose in the backyard as we often do. It's all sense standing besides she wouldn't run away being a well-behaved young terrier. You can understand our big surprise when suddenly Enid began barking wildly. I wondered if she'd maybe lost her anti-rabies card, but Lou took more immediate action running to the back porch. Don, little book, come on. Get out here. Get out there, baby. I'm not hitting your dog with a solar zoom, and I'm not going to. I just want her out of my yard. Hey, hey, what's going on here anyway? Yes, Mr. Mitchell, exactly what is going on. We asked you a year ago if we could let Enid run in the yard after a walk, and you've never objected before. Well, I'm objecting now, Mr. Mitchell. That dog's going to ruin my tulip bed, digging up tulips right and left. Where? Show me where. Just one place. Well, well, right over here. Oh, for goodness sake, don't there aren't any tulips there? Those are cinders. She found a bone over there. Enid hasn't been near your precious tulip. I'm not here to argue. I'm here to tell you. Keep that dog in the house or I'll report it as a public nuisance. That's all I got to say. That idea you had, Ed, about having the sink fixed and sending the bill to Joe Mitchell? Yes. If you still feel like it, call the plumber right now. I called in our neighborhood plumber, Richard Lincoln, for a look at the sink problem. It didn't surprise me after all this time when he told me the entire unit would have to be repaired. I told him to go ahead with it. Two days later, I came from work and walked into Mr. Lincoln and the total bill. It's $72, Mr. Ellison. You can pay me either cash or check. $72, eh? All right, sir. Only I'm not the man to pay. You're supposed to take your bill to my landlord right downstairs, Mr. Lincoln. His name is Joe Mitchell. I'm sure he's home right now. Are you, uh, Mr. Joe Mitchell? I am. What can I do for you? I'm Richard Lincoln. My guys just finished your plumbing job upstairs there. You what? We had to repair that sink, Mr. Mitchell. Repair? Who ordered this work, Mr. Lincoln? Well, it fell upstairs, Mr. Everett Oliphson. You know, he said I should bring you the bill. Oh, he did, eh? What's the matter? Did I make a mistake? No, but Mr. Oliphson did. A big mistake. Get your money from me, Mr. Lincoln. You'll get none from me. So it all came back in my lap. Oh, I paid it all right. What choice did I have? You don't argue with 200 pounds of muscular plumber like Mr. Richard Lincoln. After he picked up his wretches and went home, Lou had a few candid comments to make about our decision and about my source of advice. You'd think I'd have quit while I was behind, but no, I went back to Pete's place to see how much further behind the eight ball I could crowd myself. Pete rose to the occasion as he... Okay, okay, so it went wrong, my friend, but only for the moment. I don't get it, Pete. I'm out $72 and you say it's not permanent? Only until the first of the month, my friend. This is when you pay your rent to this landlord of yours? Sure, went out. Well, when you make out your check for your rent... For $90. Now you know everything about me, Pete. Yeah, for $90. But you do not make it for $90, my friend. You make it for $90 less $72, or... $18. Exactly, my friend. Now, wait a minute, Pete. You mean I deduct what I paid for the sink job from the next rent payment and the landlord's got no comeback? Precisely. Many of my friends, faced with decorating bills, have resorted to this clever device. Why not try it? I don't know exactly why I did it. Maybe because Pete was so insistent about us being friends. Incidentally, we aren't anymore. But that's getting ahead of the story. The first of the month rolled around and I wrote the check for $18 instead of the usual $90. We found that Joe Mitchell had a pretty swift reaction time. Hey, this rent check I got from you today, you made a mistake on the amount. Oh, really? Yeah. See, you made it out for only $18. That's no mistake, Joe. What do you mean? I mean, that's $90 rent, less $72 plumbing repairs I had to pay for you. That's $18 in my book. You can't get away with this, Ed. Oh, why don't you admit your beat, Joe? We've had this coming for a long, long time. Well, that's not all you'll have coming unless you pay me my full month's rentals. No soap. Take it or leave it. I won't take anything from you, Olafson, except you're rented full. Now, here's your check, and you owe me $19. All I've been getting is trouble for you people, noisy parties abusing the house fixtures, radio blaring all night long. No, no, hold on, Mitchell. That's a pack of lies. And who's the guy who's been freezing us out all winter, sending up cold water, letting the dump go to rack and ruin rather than part with a stingy dime? Who's the guy who promised you would pay up, Olafson, or you shut up? Not another nickel. Not another nickel. I'll throw you two out of here. I warn you, I'm going to throw you out of this house. Personally, I don't think old Joe Mitchell knew what he could do to us, but I'll give him credit. He didn't waste any time finding out his rights. Apparently, he went to a lawyer the next morning, because three days later, a bailiff visited Lou and served an eviction notice. Landlord's five-day notice to Everett Olafson. You are hereby notified that there's now due me the sum of $90 being rent for the premises, situated on, described as follows. Oh, this is terrible. I'm going to talk to Joe Mitchell as soon as he's home. We can't let this pass. Joe? Well, Mrs. Olafson, what did you want? Oh, Joe, we received this five-day notice today. Surely you didn't mean it. I sure did, Mrs. Olafson. Why shouldn't I? I want my rented full. I won't settle for anything less. But, Joe, you told me yourself one day. You said that sink really should be fixed. I know I did, but I didn't say when or how or what I'd pay. I'm not going to have any tenant, no matter who he is, order and repair wait, and then charge again off to me. I can't spare that money. Well, I think we both have a little something to complain about of late, Joe, but isn't there some way we could get together? There's just one way to get together, and that is to pay up that rent. But this five-day notice, Joe, did you have to send this after all these years? How could you? Well, I've got to do it, Mrs.... I mean, Lou. Look, Joe, I'm sure we can straighten this out. Let me talk to my husband tonight. Oh, here's Ev coming in now. What are you doing down here? Well, I've been talking to Joe, dear. He sent us a five-day notice today. A five-day notice? Notice to what? Notice to pay up. That's what? Pay up that $90 rent. You still owe me, and you'll have no more trouble. Oh, you think you're bluffing, Mr. I'm not bluffing anybody, Olufsen. Pay up in five days, or I'm having you evicted. I wouldn't pay the guy. I wouldn't give him the satisfaction. It was just as simple as that. I tried to convince Lou that we had Joe Mitchell dead to rights, that even if he dragged us into court, he couldn't force us to pay for those repairs he should have made long ago. Well, I couldn't convince her. And as the five days slipped away, I discovered I wasn't completely believing myself. In fact, when the seventh day arrived, I'd lost most of my faith in whatever sense I ever had. It was the bailiff from the municipal court of Chicago. He handed me a summons. We were on our way toward eviction. Well, I'll admit we went to a lawyer not because I thought we needed one, but because it seemed unavoidable with an appearance in court facing it. A few minutes with attorney George Resch really opened my eyes. Let me acquaint you with the position in which you now find yourselves, Mr. and Mrs. Olufsen. Your landlord's lawyer has filed a lawsuit against you, asking for judgment for possession of the premises where you reside. In other words, eviction. But he really can't do it, can he, Mr. Resch? I mean on these grounds. He couldn't have much better grounds, Mr. Olufsen. Even during rent control, non-payment of rent was grounds for quick eviction. Oh, my, this is terrible. But doesn't the fact Joe Mitchell owes me money I paid for repairs, doesn't that condition change the situation? No, sir. Unless otherwise agreed in advance, the obligation of a tenant to pay rent is not conditioned upon performance by the landlord of his obligations. The tenant must pay his rent in all events. Let's have that again. In your case, you have no right to deduct the cost of repairs and the amount you owe for rent. Isn't there any way I can get my money back for the repair? Mr. Olufsen, the landlord is not liable for payment of repairs unless he definitely authorizes them. But if he promised you that he would repair the sink, you may possibly have a claim against him for breach of his agreement. However, that won't stop him evicting you. Well, hon, I guess we'd better start hunting for a new home. It won't be easy to match this one, even with the bad service we've been getting lately. Having the dog won't make our task any easier. It'll be hard leaving the old neighbors. Twelve years. We've enjoyed living there very much. Sure that you have. From what you told me, Mrs. Olufsen, I gathered until recently you were on good terms with your landlord and his wife. Yes. Until about a year ago when we started, oh, you might say, bickering over a little thing. Well, I'll hold out no promises because you've really allowed this situation to go far past the point where a lawyer could give you much material help. However, there is one possibility which I'll get to work on right away. Until we go to court, perhaps you would be wise to look about for a new residence. Step up, gentlemen. Your case has been called. Court will now hear the case of Joseph Mitchell Plaintiff versus Everett Olufsen Defendant. The court recognizes Mr. Grogan, counsel for the plaintiff. Your Honor, I think we may be able to work out an agreed order. Mr. Resch, I wish to ask the court to hold this case. All right. Call the next case. Will you follow me out here into the hallway, please, Mr. Mitchell? This way, Mr. Mrs. Olufsen. All right with you, Mr. Resch. Ev, is this what they call settling a case out of court? Yeah, but don't channel it, hon. Depends on how far old Joe Mitchell will back down. What about old Ev Olufsen? Don't worry about me. I'll cooperate. Folks, this seems like a fairly quiet corner of the hallway. All set. Now, Mr. Resch and I have reached the conclusion that there is the possibility of reaching a settlement here without going to trial. Yes, it seems to us that both sides have expressed interest in returning to the former relationship to avoid needless expense from litigation, as well as from house hunting and house renting. Concessions will have to be made, of course. What suggestions can you make, Mr. Olufsen? Well, I'll freely admit I pulled a stupid trick trying to force Mr. Mitchell into paying for those repairs even though they were needed. And I think we can also admit that we haven't been quite the model tenants we used to be, especially during the last year. I'm sure we could have taken better care of some of the premises and been a little quieter at times. I don't know. I guess it just grew as the service from Joe... Mr. Mitchell fell off. Do you have anything to add to this, Mr. Mitchell? Well, yes, yes, I guess I do. You know, we and the Olufsen used to get along real fine. Then we kind of drifted through new friends there for a while, well, after Mary took sick, it never was the same. She's been pretty ill. Well, I hadn't realized. At any rate, we never did get back together again. I sure know I've let the building get run down in the last year. Well, just kind of lost interest, I guess. And money's been tied too. I honestly couldn't afford some of those repairs. I've had a lot of medical bills. Still, that's no excuse for making the Olufsen smither. Oh, wait a minute. Knowing a few facts now, I'll carry that repair bill myself. Oh, no, sir. That's not right either. I just wish I could have covered it myself, but I just don't have it. Well, as counsel for the plaintiff, let me suggest this. Suppose Mr. Mitchell and Mr. Olufsen share that repair cost equally. And in return for which we may assume plaintiff will ask court to dismiss the case? Is that agreeable to you, Mr. Mitchell? Yes, sir. That's a square deal. How do you feel, Mr. and Mrs. Olufsen? Fine, I'm all for it. Oh, yes, I am too. Mr. Rush and I are glad you've reached this conclusion. Now let's return to court and report your decision. The court understands that the parties have reached a mutually satisfactory compromise, and the plaintiff no longer seeks judgment for possession of his property. The court approves. Case dismissed. Well, Mr. Rush, we're certainly grateful to you and Mr. Groven for saving us a lot of money and trouble. Yes, and saving our happy home too. Thank you so much. It was a pleasure for both of us, I'm sure. We'd be delighted if more cases would end this way. Well, I've learned my lesson. If I'm ever in doubt about my rights again, I'm sure that I'll know what... Hey, there goes Joe Mitchell. He's walking. Excuse me. Hey, hey, Joe! Hey, Joe, you all right? It's not just like a man, Mr. Rush. One day, he can't say a kind word about that guy, Mitchell. Next day, he's chasing after good old Joe to offer him a ride home. Well, I won't say it's just like a man, Mrs. Olufsen, but it certainly sounds a lot like an American. I remember a very good quotation seems to fit the situation. There's only one thing we Americans take more pride in than knocking down an enemy. That's, uh, setting him up again. Here to summarize today's case dismissed is your counselor, Dean John C. Fitzgerald of the Loyola University Law School. Dean Fitzgerald. Landlord and tenant cases are among the most common types to reach our court. seldom do they reach as happy an ending as in today's story, but many times they do develop from small annoyances into large and bitter losses. Knowing your rights as landlord or as tenant is the only way to avoid long legal snows and needless expense. Here again, seeing a lawyer early and practicing preventive law is the secret for staying out of court. Above all, do not make the mistake of thinking legal counsel is not available to you for any reason. The services of the Legal Aid Bureau of United Charities are made available to those of limited means, and for those whose income exceeds the limits of the Legal Aid Bureau, but who do not know a lawyer. The Chicago Bar Association as a public service maintains a lawyer reference plan which will refer you to an attorney. I want to remind you again that the legal points in tonight's story were based on Illinois law and may not apply in your state. May I point out too that the facts in your situation will probably differ from the facts presented in this story. This difference in the facts may change the application of the law. Next week, WMAQ and the Chicago Bar Association will look into the legal problems of your rights when arrested on case dismissed. Until then, this is your counselor, Dean John C. Fitzgerald, wishing for each of you a good night, good luck, and good laws. Case dismissed. For plain answers to common questions about you and the law, remember to write for your free booklet entitled Meet Your Lawyer. Address your request to the Chicago Bar Association, 29 South LaSalle Street, Chicago 3, Illinois. Case dismissed is written by Robert Carmen and is based on information supplied by the Chicago Bar Association and its lawyer members. All characters were fictitious and any resemblance to any person living or dead is purely coincidental. Members of the cast were Norma Ransom, Jack Lester, Kurt Kupfer, William Green, Harry Elders, and Carlton Caddell. Case dismissed is produced by Betty Ross, direction by Herbert Lotto. Music facts were transcribed, sound by Tom Evans, engineering by Harold Witteberry. This is Lee Bennett speaking, inviting you to return next Saturday at the same time when we'll bring you a story about your legal rights when arrested on case dismissed. This is the NBC Radio Network.