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General Form of Agreements. ARTICLES OF AGREEMENT, made, concluded and agreed
- A. D. 18–, between A. B., of - of the one part, and C. D. of - of the other part, as follows:
The said A. B., for the consideration hereinafter mentioned, doth hereby covenant and agree that, [here state the agreement.]
And the said C. D. doth hereby covenant and agree that, [here again state the agreement.]
* An agreement is the consent of two or more persons in any thing done or to be done ; or a memorandum, or articles drawn up preparatory to a more formal agreement. An agreement, to be perfect, as to prevent the possibilities of failure in any one of the contracting parties, should be under seal, and guarded against by a penalıy. There is no difference between an agreement in writing, without seal, and a mere verbal agreement, except that the former can be more easily proved, and is therefore to be preferred.
The words of agreements are to be considered not according to the grammatical meaning, or the etymology, but according to the common acceptation of them.
Ambiguous words are to be understood according to the subject of them.
Where words in their common acceptation would render the contract frivo. lous or ineffective, they must be made to deviate from that meaning
Where the absurdities of a contract cannot be explained, they shall be construed against the party who lay under the duty of making it plain, so that such ambiguities are usually interpreted against the landlord in leases, and against the seller in sales.
Interest shall be computed according to the rate of Interest in the country where the contract is made.
Where money is by contract made payable at a certain place it shall be computed according to the currency of that place.
Where there is a stipulation about the value of a thing, it shall be intended as in reference to the time when the contract is to take effect.
The law of the place where the contract is made, is to govern with re. gard to the nature, validity and construction of the contract. To this is added an exception as to those which may be in their nature immoral, or where the enforcing them would be injurions to the rights, interest or convenience of the state in which they are sued upon.
If a note is negotiable by the law of the state where suit is brought, the indorser may maintain the suit in his own name.
When the non-performance of a contract is occasioned by the party for whose benefit the performance was intended, it will release the other from his obligation.
No contract for the sale of goods, &c., for the price of fifty dollars, [in Maine thirty) is good in law, unless the purchaser shall'accept part of such goods, or shall give something in earnest or part payment, or unless some note or memorandum in writing of the bargain, be made and signed by the party to be charged therewith, or by some person by him lawfully authorized.
In all contracts or agreements, there must be a consideration ; either a payment of money, a sale and delivery of goods, or other property, or an engagement to do something which may lawfully be done, and which the promises desires to have done. See also Note to Bills of Sale, page 25.
Where there has been a destination to the purchaser of the goods bargained for, by marking them, or putting them up for delivery, or removing them for that purpose, it will be held a legal delivery.
To constitúte a delivery of goods it need not be actual, it may be virtual, as
To the true performance of the several covenants and agreements aforesaid, each of the said parties binds himself, his representatives and assigns, in the penal sum of
dollars, firmly by these presents. In witness whereof, we have hereto set our hands and seals on the day and year above written.
A. B. (L, s.)
C. D. (L. s.) Sealed, and delivered in presence of
Agreement for Building a House. This AGREEMENT, of two parts, made and concluded this day of — A. D. 184–, between A. B., of
in the county of -, farmer, of the first part, and C. D., of said
, carpenter, of the second part, witnesseth, that the said C. D., for the consideration hereinafter mentioned, doth for himself, his executors and administrators, covenant, promise and agree, to and with
of a portion of them, but in all cases there must be circumstances to show the intent of the parties, and that is sufficient.
A delivery of the key of a warehouse in which the sold goods are deposited, is a sufficient delivery.
An entry made by a vendor of goods in his book of sales, with the name of the purchaser and ihe terms, is a sufficient memorandum in writing as required by the statute of frauds.
Whenever goods are sold at auction, the auctioneer shall, at the time of sale, enter in a sale-book, a memorandum specifying the nature and price of the proper ty sold, the terms of sale, the name of the purchaser, and the name of the person on whose account the sale was made, and such a memorandum shall be deemed a note of the contract of sale.
Contracts are void, not only when they require the performance of any act either evil in itself or against the law of the land, but also when they militate against public policy, as where a man binds himself not to exercise bis trade; but if he engages not to exercise his trade in a particular place, it is binding, for he may exercise it elsewhere.
In all such cases, good consideration must appear upon the face of the contracts or the law will raise a presumption against them.
All agreements made to cover usury, or to operate as a bribe, or in any way to induce treachery are void. S Therefore a claim for attendance at auction to enhance ihe price of goods, will not be ground for action.
A promise to pay the debt of another must be in writing and cannot be explained verbally.
If one voluntary engages to do a thing gratis it will be sufficient consideration to ground an action against him, if loss happens in the business through his negligence.
If there is no stipulation as to the price, when one sells goods, or performs labor for another, at his request, the law implies a promise to pay for said goods or labor, so much as they are reasonably worth. It is an implied condition of every contracı for work and labor, that is be done in a suitable and workmanlike manner.
* A person having a contract with another to furnish Jabor or materials, for erecting, or repairing any building, or the appartenances of any building, signed by the owner of the same, may have his contract recorded, and thus obtain a priority over all subsequent claims by, attachment, mortgage, &c.
(Soe Lien Laws in the States of Massachusetts, New York, Pennsylvania and Maine, p. 53.]
the said A. B., his executors, administrators, and assigns, that he the said C. D. shall and will within the space of
months, next, after the date hereof, in good and workmanlike manner, and according to the best of his knowledge and skill, well and substantially erect, build, set up, and finish, one house or messuage, in the town of
according to the plan hereunto annexed; and compose the same with such stone, brick, timber, and other naterials, as the said A. B., or his assigns shall find or provide for the same.
In consideration whereof, the said A. B., doth for himself, his executors and administrators, covenant and promise, to and with the said C. D., his executors and assigns, well and truly to pay, or cause to be paid C. D., his executors, administrators and assigns, the sum of dollars, in manner following to wit:
dollars at the beginning of said work, dollars more in
months, provided the said house be at least one half done, and the remaining dollars in full for the said work, when the same shall be completely finished.
And also, that the said A. B., his executors, administrators, or assigns, shall and will, at his and their own expense, find and provide all the stone, brick, timber, and other materials necessary for making and building the said house.
To the true and faithful performance of all and singular the several articles and agreements aforesaid, each of the said parties binds himself, his heirs, executors, administrators, and assigns, in the penal sum of dollars, firmly by these presents. In witness whereof, we have hereunto set our, &c.
C. D. (L. S.) Sealed and delivered in presence of
(L. 8.) Memorandum of Agreement after Sale of Land at Auc
tion, for the Purchaser's use. C. D. has this day purchased at auction, being the highest bidder therefor, a certain lot of land [describe the estate] for the sum of — dollars, and has deposited and paid into my hands, the sum of dollars, in part payment of the purchase money, and I hereby bind the vender G. H., to fulfil the conditions of this sale. Witness my hand, this
-, A. D., 1844, L. M. Auctioneer.
Agreement for the Sale or Purchase of Land. ARTICLES OF AGREEMENT, made and entered into this day of
one thousand eight hundred and forty between A. B., of
of the one part, and C. D., of - of the other part, as follows:
In consideration of the sum of dollars, to be paid as is hereinafter mentioned, the said A. B. doth for himself, his representatives and assigns, covenant, promise and agree, to and with the said C. D., his representatives and assigns, by these presents, that he, the said A. B., shall and will, on or before the
next, at the proper costs and charges of the said A. B., his representatives and assigns, well and sufficiently grant, convey, and affirm, by good and sufficient deed, unto the said C.D., his representatives and assigns, in fee simple, clear of all incumbrance, all that farm, containing acres, situate in the town of - in the county aforesaid, adjoining lands of E. F., and now in possession of G. H.; bounded as follows: [here insert the boundaries) together with all and singular, the buildings, improvements, and appurtenances.
In consideration whereof, the said C. D., for himself, his representatives and assigns, doth hereby covenant, promise, and agree, to and with the said A. B., sentatives and assigns, by these presents, that he the said C. D., his representatives and assigns, shall and will, well and truly pay or cause to be paid, unto the said A. B., his representatives or assigns, the sum of dollars.
And for the true performance of all and every, the covenants and agreements aforesaid, each of the said
parties to this instrument, binds himself, his representatives and assigns, unto the other, his representatives and assigns, in the penal sum of thousand dollars. In witness whereof we have hereunto set our, &c.
A. B. (L, s.) Sealed and delivered in presence of
C. D. (1. s.) Agreement to submit to Arbitration.* KNOW ALL MEN BY THESE PRESENTS, That A. B. of in the county of
and commonwealth (or, state] of and the — Fire Insurance Company, a Corporation by law duly established in in the county of
* See Award of Referees, p. 23, and Bond, p. 29.
and commonwealth [or, state] of, have agreed to submit the demand, which the said A. B. has against the said Company upon a certain Policy of Insurance against fire, made by the said Company in favor of the said A. B., (a true copy of which Policy is hereunto annexed) to the determination of D. E. F., G. H. I. & K. L., of the award of whom, or the greater part of whom, being made and reported within days from this day to the Court of - for the county of the judgment thereon shall be final : and if either party shall neglect to appear before the arbitrators, after due notice given them of the time and place appointed for hearing the parties, the arbitrators may proceed in his absence. Dated this
in the year of our Lord eighteen hundred and
A, B., Party Insured.
C. D., Pres't Ins. Co. Sealed and delivered in presence of
[May be acknowledged.-Sce Forms of, pp. 5–8.]
Agreement for the Sale or Purchase of Real Estate.
ARTICLES OF AGREEMENT made this 18–, between A. B., of
-, of the one part, and C. D., of of the other part, as follows:
That the said C. D. hath proposed to purchase of the said A. B. his estate, situated in
and offered to pay the said A. B. the sum of dollars for said estate, on
day of — next ensuing; the said A. B. to remain in possession, and take the rents of said estate until said — day of — , when, upon receiving the price, or consideration money, said A. B. is to convey said estate to said C. D. in fee simple, with a good title and general warranty; and also with a release of dower, of the wife of said A. B.
This proposal on the part of said C. D. the said A, B. has accepted - therefore each of said parties hereby promises to and with the other, that he will well and truly perform all things which on his part are necessary or proper to be done, to carry said bargain into effect, according to the true intent and meaning thereof. And in case either party shall fail to perform this engagement, he shall pay to the other party, the sum of dollars, as and for agreed and liquidated damages, or application may be made to a