The 'Cousins'

Part Ninety: A Sting in the Tale!

Wayne could stand the tension and Greg’s silence for no longer and blurted out. “Aren’t you taking this a bit too far fer Chrissake? ...Let’s talk about it if you have a problem.” 

Wayne moved to stand facing Greg’s back, his arms outstretched in supplication, his voice quavering with raw emotion. “You said we had a binding agreement. What’s binding about it? Tell me that. ...We just thought through a few ideas and they seemed good in the heat of that moment. That’s all it was. I’ve thought some more about ‘em on the way back. They were just ideas, what’s wrong with talkin’ about ‘em some more to get ‘em in line with what’s already fixed. ...They were just ideas, fer Chrissake, can’t you accept that?  There’s nothin’ binding about them. We wrote nothing down. Nothin’s signed off. Loosen up man.  Come on Greg, talk to me, this ain’t like you to sulk and its getting’ us nowhere.”

‘Liar! Weakling! Renegade!’  The words pounded through Greg’s brain. He heard Wayne’s voice in the background, distant and pleading, but he paid no attention to what the man was saying until the words, ‘not binding’ and ‘sulk’ broke through his brooding.

Greg vigorously shook his head to free himself from the claw of his self-absorption. He raised himself to his full height, closed his eyes and threw back his head to breathe deeply before turning around slowly to glare at Wayne. He spoke softly and calmly, disappointment causing his tone to fall off the end of each word.

“Contracts don’t have to be written down or signed to be binding. Shaking hands is as good as a signature. ...It’s how it was always done before lawyers got involved with transactions.” 

Wayne was relieved they were talking to each other again, but was confused by what Greg had said.

“How does that work? How do you prove anything if it ain’t written down?”

Greg shook his head and frowned, speaking in a low voice, without any enthusiasm. “Courts do the proving for you. For sure it’s best that contracts are written down to avoid misunderstandings and complications later on – signed, sealed and delivered- it’s always the best way these days. It’s what we were in the process of doing when I sent that email to Halburton.”

Wayne seized Greg’s elbow, shaking it vigorously as he said. “You see, there ain’t a problem, relax, Halburton’s not started work on it yet, the new contract’s not made yet. We can still talk about things, ‘cos they ain’t binding yet until we sign-off.”

Greg pulled Wayne’s hand from his arm. “Oh yes they are Sir. They were binding the moment we gave each other our word and shook hands on it at the diner. The contract was done then. All Halburton has to do is create a record for us to sign to formalise what we agreed earlier. Since you have such a short memory it’s best I send the details to Halburton and that’s what I was doing when you came in here, but be under no delusions, mister, the agreement we shook hands on is made already.”

“Nah! I don’t buy into that. You don’t make a contract and then make another one fer signature later. Business just ain’t done that way. The contract’s from when we sign it off...”

These words dissipated the remnants of Greg’s restraint; he lost his temper and launched himself at Wayne. At the last second he resisted landing his fist on Wayne’s jaw and pushed him hard on the shoulder instead so that he fell onto the bed. 

Greg stood over him, wildness blazing in his eyes, shouting through clenched teeth.

“Is that what you really believe? Then you’re stupid and should forget about creating a national franchise and go to business school instead. Have you not learned anything at all about commerce? Have all those fancy accountants and bankers you’re paying a kings ransom to for advice taught you nothing at all. ...Here you are on the brink of starting a 100 million dollar national business and you don’t even know when a contract is made or when it’s binding. ...Maybe it’s just as well I’m done with you. I can’t afford to have any more failures attached to my name. Have you learned nothing from me since you came out of the swamp where I found you?  ...Get this through your head once and for all. Contracts exist and are valid from when they’re made and ours was made tonight at that diner and it’s one with immediate effect. It doesn’t have to be written down. Spend another thousand dollars and check that out with your Chicago advisers. ...You don’t draft and sign a contract with Exxon every time you put gas in your car, but a contract exists between you and the supplier when you fill up and it’s one a court will recognise.”