and regarded as no contract whatever, it can have no force or effect upon the rights or obligations of the parties, but all of these are the same as if they had not made the contract.

No custom, however universal, or old, or known (unless it has actually become a law), has any force whatever, if the parties see fit to exclude and refuse it by words of their contract, or provide that the thing which the custom affects shall be done in a way different from the custom. For a custom can never be set up against either the express agreement or the clear intention of the parties.

Punctuation is not regarded in the construction or interpretation of a written instrument, or in written law.

Spelling, though bad, will not avoid a contract where the intention of the parties is clear.

All contracts made in violation of a valid statute are absolutely void and of no effect.

Where a proposition is made by letter, the mailing of a letter containing acceptance of the proposition completes the contract.

It is the presumption of the law that a person in making a contract intends to bind not only himself but his legal representatives. Such representatives may therefore sue on a contract, although not named in it.

General Form of Agreement.

THIS AGREEMENT, made this twenty-fifth day of March, in the year of our Lord one thousand eight hundred and eighty-one, between John Howard, of Townsontown, county of Baltimore, State of Maryland, party of the first part, and Hugh Jenkins, of the same place, party of the second part,

WITNESSETH, That the said John Howard, party of the first part, hereby covenants and agrees, that he will deliver to the said Hugh Jenkins, party of the second part, during the month of September, one hundred cords of hickory wood, at the woodyard of the said Hugh Jenkins, as follows: twenty cords to be delivered on or before the 10th of September; twenty cords more to be delivered on or before the 15th of September; twenty cords more on or before the 20th of September; twenty cords more on or before the 25th of September, and the remaining twenty cords on or before the 30th of September; the entire quantity of one hundred cords to be delivered by the 30th of September.

And the said Hugh Jenkins, party of the second part, in consideration of the prompt fulfilment of this agreement by the said John Howard, party of the first part, agrees and binds himself to pay to the said Hugh Jenkins the sum of three dollars for each and every cord of hickory wood delivered to him by the said John Howard or his agents, and to pay for each cord of wood as soon as it is delivered at his woodyard.

In case of the failure of either party to this contract to make good his promises, it is hereby stipulated and agreed that the party so failing shall forfeit to the other party the sum of one hundred dollars in cash as fixed and settled damages.

IN WITNESS WHEREOF, The parties to these presents have hereunto set their hands and seals, the day and year first above written.

Signed, sealed and delivered in presence of

JOHN HOWARD. [SEAL.]
HUGH JENKINS. [SEAL.]

JAMES MURRAY,

THOMAS WISE.

General Form of Contract for Mechanics' Work.

CONTRACT made this first day of January, A. D. 1881, by and between George Smith, of the city of Philadelphia, State of Pennsylvania, party of the first part, and Harvey Richards, of the city and State aforesaid, party of the second part,

WITNESSETH, That the party of the first part, for the consideration hereinafter mentioned, covenants and agrees with the party of the second part to perform in a faithful and workmanlike manner the following specified work, viz.: To build one brick stable, according to the plans and specifications attached to this agreement, without varying in any way whatsoever from saia plan and specifications. And in addition to the above to become responsible for all materials delivered and receipted for, the work to be commenced on or before April 1st, 1879, and to be completed and delivered free from all mechanic or other liens on or before the first day of July, 1879. And the party of the second part covenants and agrees with the party of the first part, in consideration of the faithful performance of the above specified work, to pay to the party of the first part the sum of two thousand dollars, as follows: five hundred dollars upon the completion of the foundation walls; five hundred dollars upon the covering of said stable with the roof; and one thousand dollars upon the first day of July, 1879, provided said stable be delivered as agreed upon above, on or before that day.

And it is further mutually agreed by and between both parties, that in case of disagreement in reference to the performance of said work, all questions of disagreement shall be referred to Thomas Lee and John Yarnall, master builders, of the city of Philadelphia, and the award of said referees, or a majority of them, shall be binding and final on all parties.

IN WITNESS WHEREOF, We hereunto set our hands and seals the day and year first above written.

GEORGE SMITH. [SEAL.]
HARVEY RICHARDS. [SEAL.]

Agreement for a Warranty Deed.

ARTICLES OF AGREEMENT, made this first day of January, in the year of our Lord one thousand eight hundred and eighty-one, between William Miller, of the city of Indianapolis State of Indiana, party of the first part, and Joshua Wayne, of the city and State aforesaid, party of the second part,

WITNESSETH, That said party of the first part hereby covenants and agrees, that if the party of the second part shall first make the payment and perform the covenants hereinafter mentioned on his part to be made and performed, the said party of the first part will convey and assure to the party of the second part, in fee simple, clear of all incumbrances whatever, by a good and sufficient warranty deed, the following lot, piece, or parcel of ground, viz.: The lot located at the intersection of Walnut and Willow streets, in the city of Indianapolis, extending fifty (50) feet westward from Walnut street, and one hundred (100) feet northward from Willow street, lying on the north side of Willow street and on the west side of Walnut street, known as lot number twenty-nine (29) in block number sixteen (16), and recorded at Indianapolis, Marion county, Indiana.

And the said party of the second part hereby covenants and agrees to pay to the said party of the first part the sum of three thousand dollars, in the manner following: One thousand dol lars cash in hand paid, the receipt whereof is hereby acknowledged, and the balance in two annual payments, as follows, viz.: One thousand dollars on the 1st of January, 1880, and the remaining one thousand dollars on the 1st of January, 1881, with interest at the rate of ten per cent. per annum, payable on the dates specified above, annually, on the whole sum remaining

from time to time unpaid, and to pay all taxes, assessments, or impositions that may be legally levied or imposed upon said land, subsequent to the year 1879. And in case of the failure of the said party of the second part to make either of the payments, or perform any of the cove nants on his part hereby made and entered into, this contract shall, at the option of the party of the first part, be forfeited and determined, and the party of the second part shall forfeit all pay. ments made by him on this contract, and such payments shall be retained by the said party of the first part in full satisfaction and in liquidation of all damages by him sustained, and he shall have the right to re-enter and take possession of the premises aforesaid.

It is mutually agreed that all the covenants and agreements herein contained shall extend to and be obligatory upon the heirs, executors, administrators and assigns of the respective parties.

IN WITNESS WHEREOF, The parties to these presents have hereunto set their hands and seals the day and year first above written.

THIS AGREEMENT, made this second day of March, A. D. 1881. by and between Thomas White, party of the first part, and Reuben Gale, party of the second part, both of the city of Buffalo, State of New York,

WITNESSETH, That the said Thomas White shall sell and deliver to the said Reuben Gale, at his store, in the city of Buffalo, on the twentieth day of the present month of March, one hundred barrels of fine salt, in good, substantial barrels, suitable for packing beef and pork, and for the use of the kitchen and dairy.

In consideration whereof, the said Reuben Gale shall convey and deliver to the said Thomas White, at the storehouse of Walter Lewis, in the city of Buffalo, one thousand pounds of good merchantable cheese, and four hundred pounds of sweet table butter; both well packed in tierces or firkins, and made in dairies where at least fifteen cows are kept.

IN WITNESS WHEREOF, The parties to these presents have hereunto set their hands and seals the day and year first above written.

THOMAS WHITE. [SEAL.]
REUBEN GALE.

Agreement Between a Merchant and his Clerk.

[SEAL.]

THIS AGREEMENT, made this first day of January, A. D. 1881. by and between Walker Lewis, of the city and State of New York, party of the first part, and Alfred Pleasants, of the city and State aforesaid, party of the second part,

WITNESSETH, That the said Alfred Pleasants shall enter the service of the said Walker Lewis as a clerk and salesman.

That the said Alfred Pleasants shall faithfully, honestly and diligently perform the duties of a clerk and salesman in the store of the said Walker Lewis, and well and truly obey all the reasonable commands and wishes of the said Walker Lewis, during the space of three years; from this date.

That he will guard his employer's interests, and keep the secrets of his employer, absenting himself from his business only upon said employer's consent.

That the said Walker Lewis, in consideration of said services, will pay to the said Alfred

Pleasants a yearly sum of one thousand two hundred dollars, in equal payments of one hundred dollars on the first day of each and every calendar month of the year, commencing on the first of February, 1879.

Witness our hands,

WALKER LEWIS.

ALFRED PLEASANTS

Agreement to Cultivate Land on Shares.

THIS AGREEMENT, made this tenth day of August, 1880. by and between John Holman, party of the first part, and Andrew Jackson, party of the second part, both of the town of Media, county of Chester, State of Pennsylvania,

WITNESSETH, That said John Holman will, on or before the tenth day of September, break. properly fix, and sow with wheat, all that twenty acres of field belonging to and lying imme. diately north of the dwelling-house and garden of said Andrew Jackson, in the town of Media.

That one-half of the seed wheat shall be found by said Andrew Jackson.

That when said crop shall be in fit condition, he will cut, harvest, and safely house it in the barn of said Andrew Jackson.

That he will properly thresh and clean the same.

That the straw shall be equally divided between the parties.

That he will deliver one-half of said wheat, being the produce thereof, to said Andrew Jackson,

at the granary near his dwelling-house, on or before the 15th day of July, 1880.

That said John Holman shall perform all the work and labor necessary in the premises, or cause the same to be done.

Signed, sealed and delivered in presence of

RICHARD WHITE,
PETER BELL.

}

Witness our hands and seals,

JOHN HOLMAN. [SEAL.]
ANDREW JACKSON. [SEAL.]

Agreement for Building a House.

THIS AGREEMENT, made this twentieth day of March, in the year of our Lord one thousand eight hundred and eighty-one, by and between Samuel W. Parker, of the city of Baltimore, State of Maryland, party of the first part, and Hugh B. Jackson, of the same city and State, party of the second part,

WITNESSETH, That said party of the first part, for the consideration hereinafter mentioned, covenants and agrees to make, erect, build, and finish, in a good, substantial, and workmanlike manner, and in conformity with the plans, drafts, specifications, and explanations thereof, which is hereunto annexed and made a part hereof, a brick dwelling-house, on lot number thirty, on Maryland avenue, in the city of Baltimore, to be begun on or before the first day of April, 1879, and completed on or before the first day of September, 1879.

That the said building shall be made, erected, built, and finished out of good and substantial materials, as stated in the specifications accompanying and made a part of this agreement.

That as soon as the roof thereof is put on and covered, said party of the first part shall effect full insurance on said building, in the sum of four thousand dollars, the policy to be in the name and for the benefit of said party of the second part, his heirs, executors, administrators, or assigns, payable, in case of loss, to whom it may concern.

That each party to this agreement shall pay one-half the cost of said insurance.

In consideration of which, said party of the second part does hereby covenant, promise, and agree, to pay, or cause to be paid, unto said party of the first part, or his legal representatives,

the sum of five thousand dollars ($5,000), in the manner following, to wit: One thousand dollars at the beginning of said work; one thousand dollars on the first day of May next; one thousand dollars on the first day of July next; and the remaining two thousand dollars when the work shall be fully completed and the keys delivered to said party of the second part, or to his legal representatives.

AND IT IS FURTHER AGREED BY AND BETWEEN THE PARTIES TO THIS AGREEMENT AS FOLLOWS:

ALTERATIONS. That no charge of any kind shall be made by said party of the first part against said party of the second part beyond or in excess of the sum of five thousand dollars for the full performance of this agreement, unless said party of the second part shall alter the aforesaid plans, drafts, specifications, and explanations, in which case the value of such alterations shall be added to the amount to be paid under this contract, or deducted therefrom, as the case may require : it being expressly understood that said party of the second part may, from time to time, make any alterations of, to, and in the said plans, drafts, specifications, and explanations, upon the terms aforesaid.

ARBITRATION. That the parties of the first part, and of the second part, severally, respectively, and mutually, agree to submit each, all, and every demand between them hereinafter arising, if any, concerning the manner of performing or completing the work, or the time or amount of any payment to be made under this agreement, or the quantity or quality of labor or materials, or both, to be done, furnished, or provided under this agreement, or any other cause or matter touching the work, materials, or the damages contemplated, set forth, or referred to, in or by this agreement, to the determination of Thomas W. Wright, John Hughes, and Robert Greene, master builders, of the city of Baltimore, the award of whom, or any two of whom, being made in writing, and delivered to said parties to this agreement, or either of them, within ten days of the time hereinbefore fixed for the final completion of this agreement, shall be final.

DAMAGE SUSTAINED BY PERSONS OR PROPERTY. That said party of the first part shall be solely responsible for any injury or damage sustained by any and all person and persons, on property, during or subsequent to the progress and completion of the works hereby agreed upon, from or by any act or default of said party of the first part, and shall be responsible over the party of the second part for all costs and damages which said party of the second part may legally incur by reason of such injury or damage: and that said party of the first part shall give all usual requisite and suitable notices to all parties whose estates or premises may or shall be in any way interested in or affected by the performance of said works.

EXTRA WORK. That no extra work of any kind shall be performed, or extra materials furnished, by said party of the first part, unless first authorized by the said party of the second part in writing; and

That said party of the first part, or his representatives, shall not be delayed in the constan progress of the work under this agreement, or any of the extra work under the same or connected therewith, by said party of the second part: and for each and every day said party of the first part shall be so delayed, three additional days shall be allowed to complete the work aforesaid, from and after the day hereinbefore appointed for its entire completion, unless upon the contingency provided for below in the next clause of this agreement.

That for each and every day's delay in the performance and completion of this agreement, or for any extra work under it, after the time hereinbefore fixed for the final completion of this Agreement, there shall be allowed, and paid by said party of the second part to said party of the first part, or his legal representatives, damages for such delay, if the same shall arise from any act or default on the part of said party of the second part.

FOREMAN. That said party of the first part shall engage and provide at his own expense during the progress of the work, under, and until the complete fulfilment of this agreement, a thoroughly competent "foreman," whose duty it is to attend to the general supervision of all matters hereby