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biggest bookstore in many states out there, And this is Mr Fregosi.'
When the three were seated, MacBain wasted no time in introducing their
problem: 'We find ourselves in a most serious mess, I can describe it in
no other way. Mr Schulte, please show him the flier you mailed out.' From
his folder the bookman produced a well-designed enticement to the
store's customers, which said that Inglenook was fortunat in being able to
offer its longtime patrons a rare opportunity an autographed copy of Lukas
Yoder's final novel in hi 'Grenzler Octet,' autographed and boxed, for a
mere $75. 'Well presented,' I said, as I handed it back. 'Price seem
outrageously high,' and to myself I added: 'Especially for a book that's
going to be a dud.' 'Not at all, as it turned out,' MacBain said. 'Now,
the two operative words we're here to discuss are mailed and auto-
graphed. Both Inglenook's lawyers and Kinetic's assure us that when you
offer to sell something in a letter that you send through the mail, that
becomes a binding contract if the acceptance by mail is accompanied by a
check. Fix this in your mind, Mr Yoder. If Inglenook accepts money from
its customers and then fails to perform, even if Inglenook returns the
money, they've committed a fraud.' Quietly I asked: 'How could something
like this happen? was never consulted. So far as I can see, I'm not
obligated n any way.' When everyone stared at MacBain, he was forced
to make a humiliating confession: 'in our attempt to offset the
unfavorable publicity we spoke of in New York, we sent a flier to all our
sales reps: -Do everything possible to help us see that Stone Walls is
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launched with a maximum shove." Our man in the St Louis region took this
literally and told Mr Schulte: -I'm sure Mr Yoder would be delighted to
autograph a tip sheet if you wanted to offer your customers a special
edition." Without any authorization from you or us, our man said that.' In
the silence we looked glumly at one another. Then MacBain continued:
'We must understand the full legal complications. Mr Schulte's lawyers
arid mine agree on this. The Kinetic salesman who made this commitment
became, at the time of doing it, an agent fully authorized to
speak for his employer, Kinetic, so if lawsuits or criminal
penalties are instituted, they will fall on Kinetic, not on
has said: -This is the best Yoder yet., Order your special
inglenook. is that how you understand it, Theodore?' copy
now. Only seventy-five dollars.' 'Precisely. I I can crawl out from
under, not because I want Tears did not come to my eyes but I did
breathe deeply: to pin it all on you, MacBain, but because I have to. in
this 'And how many responded?' affair, I'm blameless.'
'And now we get to the sticky part. No one knows exactly what the law is
or what the courts might hold. But when our agent made this offer to Mr
Schulte, he not only obligated me as his employer, but might also be
considered as having obligated you, Mr Yoder. You may be legally bound
to autograph the books that have been ordered through the mail and paid
for by checks sent through the mail. I gulped: 'And all because one
of your salesman was loose-tongued?' 'Yes.' 'Have you shot him?'
Emma asked and MacBain replied*. 'No, but next week I may.' Mr
Schulte broke in: 'We all must keep the devastating facts in mind. We sent
brochures by mail. Our clients returned their checks by mail. So we're
obligated to perform or else.' I A vwn both
'And I'm dragged in by the tail I asked, an w
- 'Nobody's MacBain and Schulte nodded, Emma broke in. said how many
customers ordered the books-' in expla- nation Mr S'chulte said something
that changed the color of this day, this year: 'Because Ms Marmelle had
slipped us a Xerox of the manuscript, something she rarely does, I and
our leading salesmen read your novel, Mr Yoder, and we deemed it so
sensational, so exactly what readers are going to want this year, such . a
leap forward for you, I might say, that we ran this foffow-up,' and he
handed me a clipping that made bells ring in heaven: 'Everyone on our
staff who has had the honor of reading an advance copy of Stone Walls
'Nine thousand.' 'I can't believe it.' 'Mr Yoder, readers
treasure your books. And word has seeped out that this may be your last.
Everyone one will want a copy of the regular edition, and nine thousand
not only want the special edition but have already paid for it.'
'Signing that many sheets would take days, maybe weeks. My hand would
drop. off.' I was gratified by the vote of confidence from my readers but
appalled by the magnitude of the task that confronted me. The gloomy
silence that followed was finally broken by Emma, who had a habit of
wanting facts on which to chew: 'What kind of figures are we talking about
here?' and from his portfolio Mr Schulte produced numbers that stunned
us: 'Nine thousand copies at seventy-five a copy, that's $675,000.
We've never had anything close to this.' Emma asked: 'Why would anyone be
crazy enough to pay that for an ordinary book?' and Mr Schulte said:
'It's not an ordinary book. it's probably the best novel your husband
has written and possibly his last, and this may be news to you, but there
are thousands of people out t " here who love your husband, the mannerly
way he behaves, a reminder of the days when authors were authors and not
exhibitionists . . . I doubt if the orders will stop at nine thousand,
because those readers interpret this as a gentle- man's farewell
gesture.' 'And your flier stressed that interpretation, didn't it?'
'The selling of books is difficult. We grasp at straws - honorable ones.'
Emma did not care to have him explain what was included in his
definition of honorable. Instead, she turned
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to MacBain and asked: 'if we accept his figure of nine
thousand, what would that mean to us?' and the president of Kinetic said:
'We'd better move into the other room, if we may. Such figures are trade
secrets - their circulation could damage us.' When he was alone with
us, he asked me: 'You know, of course, what the terms of your contract
state?' and he was astonished when Emma said: 'No. He never attends to
such matters.' 'But you signed our contracts. I have them in our
safe.' 'Yes,' I said, but Emma broke in: 'He never bothers to read
the figures. Wouldn't remember them if he did.' 'Where are the
contracts?' he asked and I said: 'I don't know. in a file somewhere.'
Turning to Emma, he asked: 'Do you keep them, Mrs Yoder?' and she said:
'He won't let me. Says no good comes of brooding over contracts, and I
think he's right.' 'For your information, then, your contract is the
same we've had for all your last books, ten percent for the first
fifty thousand, fifteen percent after that. But this one does have a
special kicker we give to no one else. After five hundred thousand,
sixteen percent. So if this deal goes through you could earn $108,000.'
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