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TO THIS SIXTH EDITION.

SOME of the Forms in this Edition are amended; and where fums of money are mentioned, they are expreffed in Dollars, &c. the prefent money of the United States.

A 2

THE

American Clerk's Magazine.

OF ARTICLES OF AGREEMENT OR CONTRACTS.

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N agreement is the mutual confent of parties, or joining together of two or more minds, in any thing done, or to be done.

1

A contract is a bargain between two perfons, where one thing is given for another, which is called Quid pro quo; and if there be no one thing for another, or fome confideration, it is a nude contract, or void in law. An agreement without fatisfaction is as nothing; and a forced agreement of the party is accounted no agreement. Sum. Laws Eng. Articles of agreement are used for afcertaining what is mutually agreed upon by the parties thereto, either in respect to the fale of eftates, performance of work, fervice, or any other thing contracted to be done, in confideration of money, wares, &c. And here it is always safest either to have feparate bonds in fufficient penalties, or an obligatory penal claufe inferted in the body of thofe articles, for the true performance of what is therein contracted.

No action can be brought, whereby to charge any perfon upon any agreement made upon confideration of marriage, or upon any agreement that is not to be performed within the fpace of one year from the making thereof, unless such agree~

ment, or fome memorandum or note thereof, fhall be in writ ing, and figned by the party to be charged there with, or fome: other person thereunto by him lawfully, authorifed.

Laws of Maff

No contract for the fale of any goods, wares or merchandizes, for the price of ten pounds or more, is good in law, except the purchaser fhall accept part of the goods, fo fold, and actually receive the fame, or give fomething in earnest to bind the bargain, or in part payment, or that fome note or memorandum in writing of the faid bargain be made and figned by the parties, to be charged by fuch contract, or their agents, thereunto lawfully authorifed. Laws of Maf A fingle penny given in earneft, and accepted by the feller confirms any agreement for the fale of goods, &c. though of the greatest value.

Noy's Max.

A

Articles of Agreement. A General Form:

RTICLES of agreement indented, made and conclud ed the

day of

in the year of our Lord one thoufand eight hundred and by and between A. B. of, &c. on one part, and C. D. of, &c. on the other part,, witneffeth,

That the faid A. B. for the confideration hereafter mentioned, hath agreed and doth hereby covenant and agree that

And the faid C. D. on his part doth hereby covenant, a gree, &c.

To the true and faithful performance of the feveral covenants and agreements aforefaid, the aforefaid parties do hereby refpectively bind themselves and their respective heirs, executors and administrators, each to the other, his executors and adminiftrators, in the penal fum of And in téftimony whereof they have hereunto interchangeably fet their hands and feals, the day and year above (or first above)

written.

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When this word is inferted it fhews that there ought to be two

draughts executed, viz, one for each party.

Articles of Agreement between an Attorney and his

A

Clerk.

RTICLES of agreement indented, made and concluded by and between A. B. of, &c. on one part, and C. D. of, &c. of the other part.

Whereas the faid C. D. hath placed his fon N. D. with the faid A. B. as a clerk, with him to of live years from the

day of

hereof, as the cafe may be) and hath paid

dwell for the space (or from the date with him the fum

of 400 dollars. It is therefore covenanted and agreed in manner following, viz.

The faid C. D. doth covenant with the faid A. B. that the faid N. D. shall faithfully ferve him the said A. B. as his clerk for the aforefaid term of years, without embezzling, purloining or mispending any of the estate, monies, writings or chattels of him the said A. B. which shall at any time be received by the faid N. 1). or committed to his care or charge. And that he shall not, during faid term, absent himfelf from his faid master's fervice without his confent, or directly or indirectly disclose or make known any fecrets either of his faid master or of his clients, to their or either of their prejudice; but shall in all things behave himself as a true and faithful fervant or clerk ought to do. And the faid C. D. doth likewife covenant with the faid A. B. that he will find and provide for the faid N. D. during the faid term, all neceffary and fuitable apparel.

And the faid A. B. on his part, for the confideration aforefaid doth covenant with the faid C. D. that he will, during the faid term, in the best manner he can, inform and instruct the faid N. D. in the profeffion of the law and practice of an attorney of the court, &c. and that he will, during the faid term, find and provide for the faid N 1) good and fufficient meat, drink and lodging; and allow him for washing his linen, and pay him expenfe of finding himfelf with clothes.

a year

a year towards the

And it is further covenanted and agreed by and between the parties aforefaid, That in cafe,the faid A B. or the faid N. D. fhall happen to die within one year next coming, the faid A. B. his heirs, executors or administrators, fhall then repay to the faid C. D. the fum of 300 dollars. And if either of them fhall die after one year, and before the end of twe

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