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TO THIS SIXTH EDITION.

SOME of the Forms in this Edition are amenda ed ; and where sums of money are mentioned, they are expressed in Dollars, &c. the present money

of the United States.

A 2

American Clerk's Magazine.

to the fale of estates, performance of work, fervie "pect

THE
OF ARTICLES OF AGREEMENT OR

CONTRACTS.
N agreement is the matual consent of parties, or join-

ing together of two or more minds, in any thing done, or to be done.

A contract is a bargain between two persons, where one thing is given for another, which is called Quid pro quo ; and if there be no one thing for another, or some consideration, 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 ascertaining what is mutually agreed upon by the parties thereto, either in respect

?, or any other thing contracted to be done, in consideration of money, wares, &c. And here it is always fafelt either to have separate bonds in fufficient penalties, or an obligatory penal clause inserted in the body of thpse articles, for the true performance of what is, therein contracted.

No action can be brought, whereby to cbarge any person upon any agreement made upon consideration of marriage, or upon any agreement that is not to be performed within the space of one year from the making thereof, unless such agreea

ment, or some meniorandum or note thereof, shall be in write ing, and signed by the party to be charged there with, or some other person thereunto by him lawfully authorised.

Laws of Mal No contract for the sale of any goods, wares or merchana dizes, for the price of ter pounds or more, is good in law, except the purchaser shall accept part of the goods, so sold, and actually receive the same, or give something 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 sucli contract, or their agents, thereunto lawfully authorised.

Laws of Maj A single penny given in earnest, and accepted by the seller confirms any agreement for the sale of goods, &c. though of the greatest value.

Noy's Max.

gree, &c.

Articles of Agreement. A General Form:
А

RTICLES of agreement indented, made and conclud.
ed the
day of

in the year of our Lord one thousand eight hundred and by and between A. B. of, &c. on one part, and C. D. of, '&c. on the other party, witnesseth,

That'the faid A. B. for the consideration hereafter mnentioned, hath agreed and doth hereby covenant and agree that

And the said C. D. on his part doth hereby covenant, as

To the true and faithful performance of the several cove nants and agreements aforesaid, the aforesaid parties do fiere-by respectively bind themselves and their respective heirs, executors and administrators, each to the other, his executors and administrators, in the penal sum of *. And in tel. timony whereof they have hereunto "interchangeably* fet their hands and seals, the day and year above for first above) written. Signed," sealed and delivered,

A B.. (L. S.) in presence of

Ci D. (L. S.) * When this word is inserted it shows that there ou ght to be two draughts executed, viz, one for each party,

}

Articles of Agreement between an Attorney and his

Clerk. A

RTICLES of agreement indented, made and conclud.

ed by and between A. B. of, &c. on one part, and C. D. of, &c. of the other part.

Whereas the said C. D. hath placed his son N. D. with the said A. B. as a clerk, with him to dwell for the space of live years from the day of for from the date hereof, as the case may be) and hath paid with him the sum of 400 dollars. It is therefore corenanted and agreed in manner following, viz.

The faid C. D. doth covenant with the said A. B. that the said N. 5. shall faithfully serve him the said A. B. as his clerk for the aforesaid 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 said N. 1). or committed to his care or charge. And that he shall not, during faid term, absent himself from his said master's service without his consent, or dire&tly or indirectly disclose or make koowo any secrets 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 servant or clerk ought to do. And the said C. D. doth likewise covenant with the said A. B. that he will find and provide for the said N. D. during the said term, all necessary and suitable apparel.

And the faid A. B. on his part, for the consideration afore. faid doth covenant with the said C. D. that he will, during the said term, in the best maoner he can, inform and intrust the said N. D. in the profession of the law and practice of an attorney of the

court, &c. and that he will, during the said term, find and provide for the said N 1). good and sufficient meat, drink and lodging; and allow him a year for washing his linen, and pay him

a year towards the expense of finding himself with clothes.

And it is further covenanted and agreed by and between the parties aforesaid, That in case the faid A B. or the faid N. D. shall happen to die within one year next coming, the faid A. B. his hei's, executors or administrators, shall then repay to the said C. D. the sum of 300 dollars. And if either of them shall die after one year, and before the end of two

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