No. XLVI. Agreement for Building a House. Obs. 1. Where a contract is made to build a house according to a certain plan, and the owner makes deviations from the plan, this does not vacate the contract, but subjects the owner to the payment of any additional charges occasioned by such deviations, Pepper v. Barland, Peak's N. P. C. 103; Godfrey v. Thomas, Holt's N. P. C. 236. 2. The completion of a contract for building a house may be enforced by the heir on the death of his ancestor, and the executors must pay the builder whatever remains due out of the personal estate, unless it be otherwise stipulated, 2 Vern. 322; 3 P. Wms. 223; Cas. Eq. temp. Talbot, 83, n. yr of our Lord 18 No. XLVI. to build. Articles of Agreement made entered into and concluded this day of in the yr of the reign &c. and in the Betn (Builder) of &c. of the one pt and (Owner) of the or. pt as follow. The sd (B.) for the consons Parties. hinaftmentd doth hby for himself his hrs (a) exs and ads covt promise and agree with and to the sd (O.) his exs ads and ass that he the sd (B.) his exs &c. shall and will at his or their own proper costs and chas within the space of cal mths next Builder agrees after the date hreof in a good and workmanlike manner and according to the best of his art and skill erect build and set up one house or messe upon the grd belonging to the said (O.) at togr with the several erections and buildings set forth in the schedule hereunder-written according to the draft or scheme hereunto annexed subject to the approbation of the surveyor of the sd (O.)(b). And will build the same with such stone brick timber and other materials as the sd (O.) shall find and provide for the same. And it is furr agrd by and betn the sd pties That if the sd (B.) his exs or ads shall be guilty of any neglect. or delay in the building finishing or completing the sd house (a) As to the naming of heirs, executors and administrators, see AGREEMENTS, Pref. s. 2. (b) If it be so agreed, say instead of the above, " And also shall and will at his or their own proper costs find and provide good proper and sufficient materials of all kinds for erecting the sd building subject to the approbation of the sd (0).) or his surveyor." Provision in case of delay. No. XLVI. Owner agrees to pay, to find materials, and allow for alterations. Arbitration clause. and the sd (O.) shall give or leave notice in writing of such No. XLVI. shall be left to the determination and award of three indifferent psns one to be named by the sd (B.) his &c. and the or. by the sd (O.) his &c. and the third by the said two psns so to be named immly after such dispute shall arise. And the sd pties hereto do hby covt prom and agree with and to each other that they the sd pties shall and will severally stand to abide perform and keep the award and determination of the sd three psns so as the same be made in writing under the hands and seals of the sd arbitrators within one cal mth next after such reference. And (a) for the due observance of the stipulations by them mu- Penal clause. tually entered into each of them the sd (B.) and (O.) by these prests doth bind himself unto the other of them in the penal sum of £ by way of liquidated dams. In witness whereof the sd (B.) and (O.) have put their hands and seals the day year first above written. and Articles &c. see ante, No. XLVI. Witness that the sd Covenant to (Builder) shall and will at his own proper costs and chas in all build, things build within the space of cal mths from the date hereof one good ship of not less than ceeding tons, and not ex tons burthen, with such materials and to be fur nished and provided in such manner as in the schedule No. I. hereunto annexed is more particularly set forth. And when the and let to hire said ship is completed, he the said (B.) will let the same to him when finished. the said (Merchant) for the said several voyages at such freight and demurrage, and upon such terms as in schedule No. II. hereunto annexed is particularly mentioned. And for that purpose the said ship shall at the proper costs and chas of the said (B.) be from time to time repaired, refitted and provided in all things according to the terms hereinbefore mentioned, and according to the usage and customs of merchants. And the sd (B.) or or, managing owner and the commander thereof shall (a) As to this penal clause, see AGREEMENTS, Pref. s. 9. Ship not to be otherwise em ployed. form to direc tions. No. XLVII. and will from voyage to voyage enter into a charter-party to the Building a Ship sd (M.) upon the terms in the same sched. mentioned, and in such charter-parties such further stipulations and provisions as are necssy and rease shall from time to time be inserted. And the sd ship until she has performed such several voyages shall not be employed upon any other service, or upon any other occasion whatever except in the service of the sd (M.) without Owner will con- the consent in writing of him the sd (M.) And that during such time as the sd ship is in the service of the sd (M.), the sd (B.) his exs ads and ass and all and every other the commanders owners and officers and crew of the sd ship shall conform themselves in the equipment of the said ship or otherwise to all such lful and rease orders and instructions as shall be given from time to time by the sd (M.) his exs ads or ass. Provided always that in case of breach of these covts and agts afd or any of them by or on the pt of the sd (B.), it shall be lful for the sd (M.) his exs &c. the sd ship wholly to reject from his service, and also to recover satisfaction for the dams occasioned by any such breach of covenant, or to seek any other such remedies as he or they shall think fit. In witness whereof &c. see No. XLVI. Schedules referred to No. I. Dimensions of the ship and inventory of stores. No. XLVIII. Carrier. No. XLVIII. Agreement between a Manufacturer or other Person with a Carrier, to explain and restrict the Provisions of the 11 G. 4 & 1 W. 4, c. 68. Obs. By the Carriers' Act, 11 G. 4 & 1 W. 4, c. 68, (see Dig. p. ii. tit. CARRIERS) the common law liability of carriers is much qualified; but as in that Act it is provided that it should not affect any special contracts, it is frequently necessary to enter into express agreements suited to the particular circumstances of the case. Memorandum of an Agreement entered into the in the year of our Lord day of between (Carrier) of &c. of the one pt and (Manufacturer &c.) of the or. pt Witnesseth, No. XLVIII. Carrier. Agreement to carry any kind of goods. That he the sd (C.) for himself his exs &c. doth hby agree with the said (M.) that he the sd (C.) shall and will at all times take charge of and convey all goods of whatever description, which shall be offered and committed to the charge of him the sd (C.) by the sd (M.) and will truly and safely deliver the same to any persons to whom they may be addressed, whether the goods be specified or enumerated or otherwise, and whatever may be the value of such goods, provided the same do not exceed the sum Except above of £ and if exceeding that value, then after the rate of £ per cent. for the alleged excess in value. And the sd (M.) doth hereby agree with the sd (C.) that he the sd (M.) his exs &c. shall and will from time to time as and when any goods are committed by him the sd (M.) to the charge of the sd (C.) pay or cause to be paid to the sd (C.) his exs &c. such per centage as afd together with the usual charge for the same in respect of weight and distance. In witness &c. see ante, No. XLVI. a certain value. No. XLIX. Agreement for the Hire of a Coach or Chariot. No. XLIX. Coachmaker. Memorandum &c. see No. XLVIII. That the sd (Coach- Coachmaker day of agrees to pro vide coach, maker) doth agree with the sd (Employer) that he the sd (C.) his exs and ads shall and will at his or their own proper charge on or before the next provide (a) a new handsome well-built chariot with a good hammercloth and harness for one pair of horses with all other accoutrements to the rease good liking of the sd (E.) for the period of minable nevss as hnaftrmentd after the rate of mth. And that he the sd (C.) his exs &c. shall and will at their and to keep the own proper charge keep the sd chariot and harness &c. in good and proper order, save and except any sashes or glass which deter for each (a) If the agreement be with a livery-stable-keeper for the hire of a pair of horses say— "Two good, strong, gentle and active horses, well matched, and a good, skilful and civil driver to the rease good liking of the sd (E.); and in case the said driver or horses be disabled, then he the sd (L.) shall provide other like horses or driver as afd." same in repair. |