APPENDIX. OF CONTRACTS GENERALLY, AND THEIR FORMS. It is of no use to multiply forms of agreement. He who does not know the principles of law which relate to his agreements can seldom use any form safely. The preceding work will give, it is hoped, a knowledge of these principles; and the exact form in which the agreement is expressed is of comparatively little consequence. Every agreement should be written, and signed by both parties, and witnessed, where this can be done; although the law absolutely requires witnesses in very few cases, and in none of mere contract. It is prudent, however, to have them, for it is a rule of law, that things which cannot be proved and things which do not exist are the same in the law. Everything agreed upon should be written out distinctly, and care should be taken to say all that is meant, and just what is meant, and nothing else; for it is a rule of law, that no oral testimony shall control a written agreement, unless fraud can be proved. Against fraud nothing stands. The following is a good general form: 1. A General Agreement, sufficient for most purposes. Mutual Agreement of Two. A. B. of (place of residence, and business or profession), and C. D. of (as before), have agreed together, at (place), on (the day should always be named), and do hereby promise and agree to and with each other, as follows: A. B., in consideration of the promises herein after made by C. D. (if there are any such promises), and of (here state any other consideration which A. B. has), promises and agrees to and with C. D., that (here set forth, as above directed, the whole of what A. B. undertakes to do). And C. D. in consideration (set forth consideration and promise as before). Witness our hands, to two copies of this agreement interchangeably. Signed and interchanged in presence of E. F. Å. B. C. D. If there be more than two parties, the form should be changed accordingly. If only A. B. promises, the form may be simpler, thus:— 2.- Promise of One or more. I, A. B., of (place and business as before), in consideration of (here set forth the consideration on which the promise is made) by me received, at (place), on (date), do hereby agree with and promise to C. D., of (place and occupation), that (here set forth the whole promise and undertaking of A. B.). Signed in presence of Witness my hand, A. B. E. F. G. H. Common agreements are seldom any stronger or better for having seals put to them. But if this is desired, use the foregoing forms, and when you come to the execution, say:— Witness my hand and seal (or our hands and seals). Signed, sealed, and delivered (or mutually interchanged) A. B. C. D. A bond must be sealed. A simple bond is only an obligation to do a certain thing. But bonds with condition are generally used. The following is a sufficient form for all common occasions: 3.- Bond. I, A. B., of (place, naming town, county, and State), (occupation), am held and bound to C. D., of (as before), in the sum of - dollars; to be paid to the said C. D. And I hereby bind myself and my heirs to this payment, by these presents. Witness my hand and seal (as before, with witnesses as before). A. B. [SEAL.] : This is the bond. There is added nearly always in practice, and written immediately below the bond, the condition, which may run thus:"The condition of this bond is as follows: If the said A. B. does (here set forth what A. B. has undertaken to do), then this bond shall be wholly void; but otherwise shall remain in full force." If the bond contain a condition, the testification (which means the clause, "Witness my hand, &c.") should be written after the condition, or at the close of the instrument. If there be a condition, the sum in the bond should be about twice as much as the sum to be paid, or forfeited by not doing as set forth in the conditions. Then it will cover all expenses, &c. And this is safe for both parties, for a court of equity always, and a court of law generally, cuts down the penalty of a bond to a sum which shall be an actual indemnity, and no more. RECEIPTS. Here no particular form is necessary, or generally adopted. The simplest is the best, if it tells all that it should very plainly. A general form may be this: 4.- Receipt. (Place and date.) I have this day received from (name of payor), (amount received), in full of all demands (or on account), (or for a special thing set forth). Witness, (Signed,) A. B. If a receipt is in full of all demands, it should say so; if not in full, then it should say on account. And if the money is received on any particular account, or for any special purpose, this should be stated. In this last case, the form of an agreement would often be better. It must be remembered that a receipt is unlike any other instrument in this particular; that it may be denied, varied, or contradicted by oral or other evidence, although fraud is not imputed. should be given. This And it is an instrument If more than a receipt in full is wanted, a Release is, in fact, a very particular receipt, with a seal to it. which the law regards as much more effectual than a mere receipt; and it would seldom permit it to be contradicted or set aside by any evidence, unless ⚫ on an imputation of fraud. A general form, to be varied according to the circumstances of any particular case, is as follows: I, A. B., of (place and occupation), in consideration of (amount paid) to me paid by C. D., of (place and occupation), the receipt whereof I acknowledge, have remised, released, and discharged, and do for myself, my heirs, executors, and administrators, remise, release, and discharge, the said C. D., his heirs, executors, and administrators, of and from all debts, demands, claims, or actions, which I have in law or in equity (or of and from the debt or demand specified). Witness my hand and seal at (place), on (time). Executed and delivered in presence of C. D. E. F. A. B. [SEAL.] If the release is intended to apply prospectively, a form of agreement, reciting all particulars, would generally be better. If it be mutual, then C. D. can give back to A. B. a similar release, or the two may be combined in one instrument. ASSIGNMENTS. These are of great variety in their purpose, and therefore in their form. An assignment may be of a mortgage, of a debt, of a note not negotiable (a negotiable note or bill should be indorsed), of a lease, of letters patent, of a copyright, of a contract, of shares of stock, or of almost anything else. We shall give the general expressions which belong to all assignments; and then the particulars must be filled out to suit the facts in each case. I, A. B., of (place and occupation), in consideration of (amount) paid me by C. D., of (place and occupation), the receipt whereof I acknowledge, (if the consideration be other than money, it should be set forth, and if money and something beside, then set forth the money as above, and add) and also in consideration of (setting it forth), have assigned and transferred, and do hereby assign and transfer, to the said C. D., the within written instrument (or what ever else is assigned), and all title, interest, claim, and estate in, to, and under the same. (If an instrument is assigned, and the assignment cannot be written on the instrument, refer to it by date, names, &c. It is often convenient to add a brief power of attorney, thus:) And I hereby constitute and appoint the said C. D. my attorney irrevocable, with full power, for me and in my name, but for his own use and benefit, to do whatsoever may be lawful and necessary for the reduction, possession, or enjoyment of the assigned premises; with full power of substitution. Witness my hand and seal at (place), on (time). A. B. [SEAL.] ARBITRATION. The chapter on this subject will show that there are no especial forms requisite for an agreement to refer, or for an award. Such an agreement may be inserted in the general form for agreements inserted above. If made under a rule of court, or taken out before a magistrate, a lawyer or magistrate would almost necessarily be employed. We give below a general form for an award, which may be modified to suit any particular case. 7.- Award. We, whose names are hereunto subscribed, appointed referees by or under the within (or annexed) agreement of reference (or rule of court), duly notified the parties thereto, and at (place), on (naming the days of meeting), heard whatever allegations, proofs, or arguments the said parties offered, and, having duly considered the same, do now determine and award, in full of all matters referred to us, as follows. That is to say:- (Here set forth the award fully and plainly.) Witness our hands, at (place), on (time). A. B. C. D. E. F. SALES AND WARRANTY. If there be a sale with warranty, the simplest form for expressing the warranty would be by a common bill of sale, ending in words of warranty, thus: 8.- Bill of Sale, with Warranty. (Place and date.) I have this day sold to A. B., of (place and occupation), twenty-five barrels of flour, for (amount) per barrel, being in the whole (amount), the receipt whereof I acknowledge. And in consideration thereof I warrant the said flour to be (here set forth the warranty). This may be varied to suit different cases, and the chapter on Warranty will show what words or acts suffice in each case to constitute a warranty. A guaranty may be, and usually is, written in the form of a letter, thus :— : To A. B. of (place and occupation) :· Sir: If you will supply C. D. with the goods he may require, (or give him new credit on goods already bought, or employ him in a certain way, or do any thing else for C. D.) I hereby guaranty to you payment for said goods, (or that C. D. will do or be whatever is agreed on,) to the amount of (Dated and signed as in other instruments.) dollars. E. F. It is proper that the guaranty should state plainly whether it is meant to be a continuing one or not. Thus, after the word dollars, write: "This guaranty to cover no other goods but those first furnished him, (or else) to cover any goods as far as that amount furnished him within one year (or other time specified), or to be responsible for his good conduct for one year from date (or other time).” Without many further remarks, we shall now give the most useful forms, leaving the reader who wishes to make use of them to learn the principles of law applicable to the subject-matter of each contract or instrument from the appropriate chapters of this work. 9. A Deed of Warranty, in common use in Boston. Know all men by these presents, that I, A. B., of (residence, town or city, county, and State), (occupation), in consideration of (the amount paid) paid by (here name the grantee or purchaser, giving in like manner his residence and occupation), the receipt whereof is hereby acknowledged, do hereby give, grant, bargain, sell, and convey unto the said (name the grantee, and then describe the premises granted, minutely and accurately) :— To have and to hold the above-granted premises, to the said (name the grantee), his (or hers or their) heirs and assigns, to his (or hers or their) use and behoof for ever. And I, the said (the grantor), for (myself) and (my) heirs, executors, and administrators, do covenant with the said (grantee), and with his heirs and assigns, that I am lawfully seized in fee simple of the aforegranted premises; that they are free from all encumbrances, (if there be any encumbrances, as a mortgage, or lien, or right of way, or drain, or air, or light, say excepting, and then describe the encumbrance,) that I have good right to sell and convey the same to the said (the grantee), and his (or her) heirs and assigns for ever as aforesaid; and that I will, and my heirs, executors, and administrators shall, warrant and defend the same to the said (the grantee), and his heirs and assigns for ever, against the lawful claims and demands of all persons. In witness whereof, I, the said (the grantor), and wife of said grantor, in token of her release of all right and title of or to dower in the granted premises, have hereunto set our hands and seals this in the year of our Lord eighteen hundred and Signed, sealed, and delivered in presence of C. D. E. F. day of [SEAL.] [SEAL.] In those States in which a homestead law exists, the signature of the wife with a clause like that above, would not release the homestead. To effect this, the following clause should be inserted before the words, "In token of": "In token of her release to the said (the grantee), of all her right, interest, and estate to or in the premises herein conveyed, under the homestead laws of this State; and also," &c. Some very cautious conveyancers think this hardly sufficient, and prefer |