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THE

AMERICAN LAWYER.

AGREEMENTS.

An agreement or contract is the mutual consent of two or more persons respecting anything done or to be done.

When reduced to writing, the memorandum or articles containing the agreement, signed by the parties thereto, is usually called an agreement.

It is advisable, in all cases, to reduce the agreements and contracts of parties to writing ; not only because, in case of dispute, the instrument is a more reliable and satisfactory source of evidence than the memory of witnesses, but because, by statute, many agreements are void unless put into writing and subscribed by the party to be charged.

But care must be taken to put the whole and exact contract in writing, as verbal evidence will not be admitted to alter or yary a written instrument. If erasures or interiineations are made, the fact should be stated on the paper, that they were so done before the parties signed it.

In all agreements or contracts there must be a consideration flowing from the promisor to the promisee, such as the payment of money, the sale and delivery of propertything whereby the promisee is benefited or the promisor put to inconvenience; and this consideration should be expressed.

Contracts which militate against the public good can not

some

be enforced- —as a contract not to exercise one's trade or calling at all, a contract to erect a public nuisance, &c.

It is understood, in every contract for work or labor, that it shall be executed in a suitable and workmanlike manner, whether it is so expressed in the contract or not.

If it is desired by both parties to an agreement to waive the performance of a part of it, let it be so endorsed on the back of the agreement, and signed by the party who so consents to waive it.

The law of the state where the contract is made regulates the construction of the contract; the law of the state where the contract is sought to be enforced regulates the remedy.

Amounts and dates should always be written out, and not expressed in figures : thus, two thousand dollars, instead of $2,000.

The words in italics, and names in capitals, are merely inserted to show how the forms may be filled out. They should be always omitted in drawing a paper, and such words inserted as correspond with the facts in hand, and the actua. agreement of the parties.

Fraud destroys every contract into which it enters.

No. 1.-General Form of Agreement. This Agreement, made this first day of May, one thou. sand eight hundred and fifty, between John Doe, of the village of Black Rock, in the

county of Erie, and state of New York, of the first part, and RICHARD Roe, of the city of Buffalo, in said county and state, of the second part

Witnesseth, that the said John Doe, in consideration of the covenants on the part of the party of the second part hereinafter contained, doth covenant and agree to and with the said Richard Roe, that (here insert the agreement on the part of John Doel.

And the said Richard Roe, in consideration of the covenants on the part of the party of the first part, doth covenant

To avoid repetition, we have referred in the succeeding forms to certain numbers, for the introductory matter of the form. For example, in No. 5, the first part of No. 1 is to be copied in that form as far as the star.

and agree to and with the said John Doe, that (here inseri the agreement on the part of Richard Roe).

† In witness whereof, we have hereunto set our hands and seals, the day and year first above written. Signed, sealed, and delivered, in presence of

JOHN DOE (scal).
JOHN SMITH,

RICHARD ROE (seal). James Short. (IVhen required, this clause may be inserted :)

And it is further agreed between the parties hereto, that the party that shall fail to perform this agreement on his part, will pay to the other the full sum of fifty dollars, as liquilated, fixed, and settled damages.

No. 2.-Agreement for the Sale and Delivery of

Personal Property. This Agreement, made this first day of July, one thousand eight hundred and fifty, between John Doe, of the village of New Albany, in the county of Floyd, and state of Indiana, of the first part, and RICHARD Roe, of the city of Buffalo, in the county of Erie, and state of New York, of the second part

Witnesseth, that the said John Doe, in consideration of the covenants on the part of the said Richard Roe, doth covenant to and with the said RICHARD Roe, that he will deliver to the said RICHARD Rne, at his storchouse in New Albuny aforesaid, one thousand bushels of wheat, of good merchantable quality, on or before the first day of September next.

And the said Richard Roe, in consideration of the covenants on the part of the said John Doe, doth covenant and agree to and with the said John Doe, that he will pay to the said John Doe at the rate of one dollar for each bushel of wheat so delivered, immediately on the completion of the delivery thereof.

+ This form of witnessing and signing may be adopted in every legal instru ment, except where a different form is particularly given or directed to be used.

* When it is desired to fix the damages for the violation of the contract, this clanse may be inserted before the witnessing clairse. It bas the advantage of making certain the amount of damages to be paid, instead of leaving it to be xettled by a suit at law, or au agreement between the parties, after the coutract has been violated

In witness whereof, the said parties have hereunto set their hands and seals the day and year first above written. Signed, sealed, and delivered, in presence of

JOHN DOE (seal )..
John SMITH,

RICHARD ROE (seal).
James SHORT.
The foregoing form can be used for any description of
personal property.

No. 3.-Agreement for Building. Contract for Building, made the tenth day of July, one thousand eight hundred and fifty, by and between John Doe, of Brooklyn, in the county of Kings, and state of New York, of the first part, and Richard Roe, of New York, in the county of New York, and state of New York, of the second part, in these words: the said party of the second part covenants and agrees to and with the said party of the first part, to make, erect, build, and finish, in a good, substantial, and workmanlike manner, a three-story brick dwelling-house, on the lot of land situated here insert description of tot], agreeable to the draught, plan, and explanation,* hereto annexed, of good and substantial materials, by the first day of January next. And the said party of the first part covenants and agrees to pay unto the said party of the second part, for the same, the sum of two thousand dollars lawful money of the United States, as follows : the sum of one thousand dollars when the bæilding is enclosed and the roof put on, and the remaining one thousand dollars when the building is completed.

And for the true and faithful performance of all and every of the covenants and agreements above mentioned, the parties to these presents covenant and agree, each with the other, that the sum of one thousand dollars, as fixed, settled, and liquidated damages, shall be paid to the other by the failing party. In witness whereof, &c. [as in No. 1).

The draughts and explanations should be all signed by the parties to the agreement, in order that they may be identified

No. 4.-Agreement for the sale of Land. Articles of Agreement, made the fifth day of March, one thousand eight hundred and fifty, between John Doe, of Rochester, in the county of Monroe, and state of New York, of the first part, and Richard Roe, of Newburgh, in the county of Orange, and state of New York, of the second part, witnesseth, that the said party of the first part, for and in consideration of the sum of fifty dollars, to him in hand paid, has contracted and agreed to sell to the said party of the second part, all that certain piece or parcel of land, situate in the town of Newburgh, in Orange county, and state of New York, and which is bounded and described as follows, to wit: beginning at, &c. (here insert description of the land).*

And the said party of the first part agrees to execute and deliver to the said party of the second part a warranty deed, for the said land: Provided, and upon condition nevertheless, that the said party of the second part, his heirs or assigns, pay to the said party of the first part, his heirs or assigns, for the same land, the sum of five hundred dollars lawful money of the United States of America, payable as follows: the sum of two hundred and fifty dollars on the first day of June next, and the further and remaining sum of two hundred and fifty dollars on the first day of August in the year one thousand eight hundred and fifty-two, together with lawful interest on the same, from the date hereof: And the said party of the second part, for himself, his heirs, executors, and administrators, doth covenant and agree, to and with the said party of the first part, his heirs and assigns, that the said party of the second part will

pay

the said several sums as they severally become due, with the interest thereon, without deduction of any taxes or assessments whatever. And it is further agreed between the parties to these presents, that if default be made in fulfilling this agreement, or any part thereof, on the part of the said party of the second part, then, and in such case, the said party of the first part, his heirs and assigns, shall be at liberty to consider this contract as forfeited and annulled, and to dispose of the said land to any other person, in the same manner as if this contract had never been made. In witness whereof, &c. [as in No. 1).

In describing land, buildings, &c., care should be had to make the descrip tion as complete as possible, so as to be readily

identified on examination:

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