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Purchase

& Sale o

Parties.

Vendor

Agreement for the Sale of a Freehold Estate.

Articles, &c. (see p. 15) Betn (Vendor) of, &c for Freeholds. himself his hrs (a) exs and ads of the one pt and (Furchaser) of, &c. for himself, &c. (b) of the or. pt Witness That the sd (V) doth hby agree with the sd (P) to sell to him the sd (P) All those messes lds, &c. (parcels) with the appts for the sum of (c) £— to be pd at the time and in the manner hraftr expssd And that he the sd (V) shall and will within weeks from the date

agrees to

sell;

to furnish

that neces

sary parties shall join in executing convey

hereof at his own expense furnish the solicitor of the abstract of sd (P) with a full and satisfactory abstract of the title title; of him the sd (V) to the whole of the sd preses And will also at his own expense deduce a clear title thto And also that he the sd (V) or his hrs and all or. necessy (d) pties shall and will on or before the day of next ensuing (e) on receiving from the sd (P) his exs or ads the sum of £ at the request costs and chas of him the sd (P) his exs, &c. exte a proper conveyance for conveying and assuring the inhance and fee-simple of and in the sd messes Ids and heredts with the appts unto the sd (P) his hrs and ass free from incumbs (ƒ) In conson whof the sd (P) hby agrees with the sd (V) That provided the counsel of the sd (P) shall approve of the title of the sd (V) to the sd preses he the sd (P) his hrs exs ads or ass on the exon of such conveye as afd shall and will (g) pay the sd sum of £ unto the sd (V) his exs or ads (h) And it

ance.

Purchaser agrees to pay purchasemoney.

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(a) As to the word 'heirs,' see Agreements, Preface § 2.
(b) Or, by his attorney or agent.'

yrs pur'for an an(V) during and the

(c) Or, if it be so agreed, say, after the rate of chase according to the present annual value of.' Or, nuity or clear yearly sum of £· payable to the sd his life by half-yrly paymts on the day of day of and to be chagd on the sd preses and furr secd by the bond of the sd (P) with a warrant of attorney for entering up judgmt thon.' As to the consideration, see Obs. 6.

(d) As to necessary parties, see Obs. 4.

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on having the sd

(e) If the consideration be an annuity, say, annty secd to the sd (V) in manner as afsd.' (f) If there be subsisting leases, and it be so agreed, say, 'except only leases at rack-rent not exceeding years and containing only usual covenants.' See Obs. 3.

' well and effectuunto the sd (V)

(g) If the consideration be an annuity, say,
ally grant the sd annty or clear yrly sum of £·
and secure the same upon the preses in manner as afd.'

(h) If there be timber to be taken at a valuation, say, 'And shall and will also pay for all the timber growing on the sd este such sum of money as the same shall be valued at by two indifferent persons to be chosen the one by the sd (V) and the other by the sd (P) or an umpire to be chosen by them In which sd valuation it is agrd that all trees which shall be of the value of or upwds shall be accounted timber And in case it shd be necessy to postpone the valuation until the fall of the leaf that the

is hby furr agrd by and betn the sd (V) and (P) that the Purchase sd conveye shall be prepared by and at the expense of & Sale of the sd (P) except a release of incumbrances or an assign- Freeholds. ment of outstandg terms if not before assigned And that Conveyance the same shall be settled and approved of on the pts of at purchathe sd (V) and (P) by their respive counsel And that ser's exeach of them the sd (V) and (P) shall pay the fees of pense. his own counsel And that the rates taxes and outgoings paye for or in respect of the sd preses to the of

day

shall be discharged by the sd (V) his exs and ads And also that the sd (P) his hrs or ass shall have rece and take the rents and profits of the sd messes and preses from the day of next ensuing for

his and their own proper use And (a) if the sd con-
veye shall not be exted by the necessy pties and the
sd purchase-money not pd on or before the sd
day of
then the sd (P) shall from the same day
pay interest for the sd purchase-money (b) at the rate
of per cent. per ann. And furr that any trifling
error or omission which may appear to have been made
with respect to the quantity or or. description of the
sd preses (so that the same be not essentially different
in quality from those herein described) shall not vacate
the contract but a reasone abatement shall be made by
the sd (V) his exs, &c. And furr that any loss or
damage which may happen to the sd preses by fire or
otherwise or any benefit which may accrue to it be-
tween the date of these prsts and the completion of the
purchase shall not in anywise affect or vacate this con-
tract (c) In Witness, &c.

sd (P) shall give to the sd (V) a bond in a sufficient penalty conditioned for the paymnt of the sum at which the sd timber shall be valued within one calr mth after such valuation.'

(a) Or, if it be so agreed, say, And if the sd (V) shall not deliver an abstract of his title to the sd (P) or his solicitor befe the expiration of one calr mth from the date hof or if in the opinion of the counsel of the sd (P) he the sd (V) shall not deduce a good and marketable title to the whole of the sd preses then in either of these cases this present contract shall at the option of the sd (P) be to all intents and purps void and all rease exps incurred by him in investigating the title shall be borne by the sd (V) his hrs exs or ads.' A similar provision may also be inserted in case the purchase-money be not paid on the day appointed. As to the consequences of the contract, see Obs. 8.

(b) As to the payment of interest, see Obs. 8.

(c) If it be necessary, say, And furr that if any of the titledeeds or writings relative to the sd preses shall be found to concern other property of the sd (V) they shall be retained by him on his delivering at his own expense true and attested copies duly stamped and on his entering into the usual covt to be prepared at his own expense for producing the originals.'

Vendor to pay rates, given day.

&c. to a

Purchaser to receive

rents, &c. from the same day.

Purchaser to pay interest from a given day.

Time the essence of the con

tract.

Purchase

& Sale of Freeholds. of

Another, (short form.)

Memorandum of an agreement made the

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day

Betn, &c. The sd (V) in conson of the sum of £ of lful money of Gt Brit to be pd to him by the sd (P) and also of the covt as hnafir mentd doth agree with the sd (P) that he the sd (V) shall and will at his own cost and chas make out a good title and at the costs and chas of the sd (P) convey and assure to him and his hrs in such manner as counsel shall advise a good este in fee-simple in All the allotment or allotments to be allowed and set out to him upon the commons or waste grds of N in the co. of by the commrs empowered by an Act of Parliament lately passed for the inclosure thof for or in respect of all his the sd (V's) este in the commons afd And the sd (P) doth hby agree with the sd (V) That he the sd (P) shall and will at his own expense prepare such conveys and assurs as afd and also when and as soon as the sd commrs shall make and exte their award pay to the sd (V) the sum of £- as and for the purchase-money And also shall and will pay and discharge all sums of money which shall be occasioned by the obtaining the sd Act of Parl And also all the chas of dividing alloting and setting out the sd allotment so contracted to be sold as afd and of the award to be made by the sd commrs touching the same which the sd (V) would have been or shall be liable to pay in respect of the sd allotment as witness our hands.

Agreement for the Sale of a Copyhold Estate of

Inheritance.

An agreeObs. 1. A widow will be defeated in equity of her free-bench ment to sell, of lands, of which her husband died seised, by his agreement for defeats free- the sale, although he die before the surrender. Hinton v. Hinton, bench. 2 Ves. 631.

Purchaser

to pay expense of admittance.

Steward authorized to demand fines.

2. In the absence of any stipulation to the contrary, the expense of surrender and admittance, including the fine to the lord, which is not payable until admittance, Rex v. Ld. of the Manor of Hendon, 2 T. R. 484, must be borne by the purchaser, Drury v. Mann, 1 Atk. 96, although the vendor agrees to surrender at his own expense, Graham v. Sime, 1 E. 632. But if the vendor have not been previously admitted, he must bear the expense of his own admittance, in order to enable him to make a surrender to the purchaser. 1 Atk. 96. n.

3. The 48 G. III. c. 149, authorizes stewards, previously to the acceptance of any surrender, or the granting or making of any admittance, voluntary grant, or licence to demise in court, to demand the payment of all fines for the same, and for the copy of court-roll.

4. Where it is the custom of the manor for the steward to prepare the surrender, he may insist upon so doing, Rex v. Rigge, 2 B. & A. 550.

Vendor

agrees to

Articles, &c. (see p. 15) Betn, &c. Witness That Purchase the sd (vendor) (a) doth agree to sell and the sd (pur- & Sale of chaser) to purchase the inhance in fee-simple according Copyholds to the custom of the manor of M all those customary Vendor or copyhold pces or prcls of ld situate in the sd manor, agrees to &c. and containing by estimation acres more or sell, and less at or for the price or sum of £ And the sd purchaser to buy. (V) doth promise and agree to deliver unto the sd (P) within one mth from the date hereof at his own expense a full and satisfactory abstract of the title of him the sd (V) thto And also that he the sd (V) and all or. necessy pties shall and will on or before the day of next ensuing duly surrender the sd preses according to the custom of the manor to the use of the sd (P) his hrs, &c. or as he or they shall direct to be holden at the will of the lord of the manor free from all incumbs whatsr except the quit-rents and the customary dues and services And that the sd (V) and enter shall at the time of such surrender enter into the usual into cove

furnish abstract, and to surrender premises,

covts for the title And the sd (P) doth hby promise title. nants for

and agree That on such surr being made and such covts being exted as afd he the sd (P) shall and will pay to the sd (V) the sd sum of £- of, &c. And shall pay the (b) exps of the sd surrdr (c) and all fees (d) and fines upon the surrdr and admission of the sd (P) to the sd preses and that the sd deed of covts shall be prepared by and at the expense of the sd (P) [As to other covenants, see p. 52.] In Wilness, &c.

Agreement for the Sale of Leasehold Premises, with a

Covenant to take the Furniture.

Obs. 1. An agreement for the sale of a leasehold interest, will be binding on the personal representatives, although not named, Smith v. Watson, Bunb. 55.

2. Provision ought to be made in the contract to assign a lease as to the production of the lessor's title. A court of equity will not compel specific performance, where the vendor is plaintiff, unless he can shew a good title in the lessor to the estate out of which it is granted; and consequently, a vendor who is either unwilling or unable to show a title, must expressly stipulate to that effect in the contract. White v. Foljambe, 11 Ves. 337; Deverell v. Ld. Bolton, 18 ib. 505. Fildes v. Hooker, 2 Mer. 424.

3. A purchaser of a leasehold is bound, it seems, to indemnify the lessee against the rents and covenants in a lease, although the vendor may not, at the time of the contract, have made any stipulation to that effect. Pember v. Mathers, 1 B. C. C. 52. Stains v. Morris, 1 Ves. & Bea. 13.

(a) Consequence of the contract, see Obs. 1. (b) As to expenses, see Obs. 2. (c) Preparing surrenders, see Obs. 4. (d) Payment of fines, see Obs. 3.

Purchaser

agrees to

pay pur-
chase-

money,
and ex-
penses, &c.

Executors bound by agreement. Production of lessor's title.

Purchase

and Sale of Lease holds.

Vendor

agrees to

mises for the residue

of the term.

4. Under a contract for the residue of a term, a purchaser will not be compellable to take a new lease, Mason v. Corder, 7 Taunt. 9. 5. Where there is a clause in a lease against assigning without

the lessor's consent, the vendor is bound to procure such assent. Sugd. V. & P. 298, 6th edit.

Articles, &c. Betn, &c. (see p. 15) as follow The sd (vendor) in conson of the sum of £ to be pd as hnaftr is mentd doth hby for himself his, &c. (a) covenant, &c. with, &c. the sd (purchaser) his, &c. that he the sd (V) shall and will on or before the

day of

day of assign pre- convey unto the sd (P) at his own costs and chas All that leasehd messe, &c. (parcels) for the residue of the term now to come and unexpired granted to the sd (V) by virtue of an indre of lease bearg date on or about the subject to such payments conditions and covts as in the sd lease are reserved to be pd kept and performed by the lessee (b) in conson whof the sd (P) doth hby covt and agree with the sd (V) that he the sd (P) shall and will well and truly pay unto the sd (V) his exs or ads the sum of £— of lful money of Gt Brit on or befe the

Purchaser

agrees to pay purchasemoney.

Furniture

to be taken at a valua

tion.

day of

and on the exon of the conveye by which the sd preses are to be granted and conveyed as afd in full for the purchase of the same presses And it is by furr agrd by the pties hto that such househd furniture goods and effects as the sd (V) shall think proper to leave in and about the sd preses at the time that he shall quit posson thof shall immly aftwds be valued and appraised by two indifferent psns which the sd pties hby agree to choose for that purpe and that the same shall be taken by the sd (P) according to such appsmt And (c) the sd (P) doth hby agree that he the sd (P) shall and will within mnths after pay for the the sd appraisement shall be delivered to him pay such sum of money as the same househd furniture (or, 'stock, &c.') shall be appraised or valued at as afd In Witness, &c.

Purchaser

agrees to

furniture

when

valued.

(a) As to the naming of exccutors, &c. see Obs. 1.

(b) As to the necessity of any stipulation in the contract for indemnifying the vendor against the rents and covenants in the lease, see Obs. 3. Also as to the covenant respecting the title of the lessor, see Obs. 2.

(c) If the agreement be to sell the stock of a farm, say, 'And the sd (V) doth agree to bargain and sell to the sd (P) All the corn grain grass and roots now growing on the sd farm or being in or upon any pt of the sd preses And also all the horses cows pigs carts waggons ploughs and all or. live and dead stock belonging to the sd (V) and now on the sd preses the whole to be taken at an appraisement or valuation to be made by two indifferent psns whom the sd pties hby agree to choose, &c. for that purpe and that the same shall be taken, &c. as above.'

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