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FORMS OF ARTICLES OF AGREEMENT, BONDS, BILLS OF SALE, DEEDS, LEASES,
MORTGAGES, RELEASES, WILLS, ETC., ETC.

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Articles of Agreement.

N agreement is virtually a contract, by which a certain person, or persons, agrees or contracts to perform certain duties within a specified time.

It is of much importance, in all matters upon which may arise a difference of opinion, or misunderstanding, that contracts be reduced very explicitly to writing, thereby frequently saving the parties to the contract, a long and expensive law-suit. No particular form is necessary. Agreements should show that they are made for a reasonable consideration, else they are void in law.

Agreements, the provisions of which are not to be fulfilled within one year from the time of making the same, should be in writing.

While a signature, or marks, written with a pencil, if proven by witnesses, are good in law, it is always safest to execute the contract with pen and ink.

A discovery of fraud, or misrepresentation by one party to the agreement, or changing of the date, renders the contract void.

Every agreement should state most distinctly the time within which its conditions are to be complied with.

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WITNESSETH, that the said Isaac E. Hill, in consideration of the agreement of the party of the second part, hereinafter contained, contracts and agrees to and with the said Vard Blevins, that he will deliver, in good and marketable condition, at the village of Corning, Mo., during the month of September, of this year, One Hundred Tons of Prairie Hay, in the following lots, and at the following specified times; namely, twenty-five tons by the seventh of September, twenty-five tons additional by the fourteenth of the month, twenty-five tons more by the twentyfirst, and the entire one hundred tons to be all delivered by the thirtieth of September.

And the said Vard Blevins, in consideration of the prompt fulfillment of this contract, on the part of the party of the first part, contracts to and agrees with the said Isaac E. Hill, to pay for said hay six dollars per ton, for each ton as soon as delivered.

In case of failure of agreement by either of the parties hereto, it is hereby stipulated and agreed that the party so failing shall pay to the other, One Hundred Dollars as fixed and settled damages.

In witness whereof, we have hereunto set our hands the day and year first above written.

ISAAC E. HILL, VARD BLEVINS.

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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 west fifty-five (55) feet of the north half of lot number six (6), in block number three (3), Whitford's Addition to Chicago, as recorded at Chicago, Cook County, Illinois.

And the said party of the second part hereby covenants and agrees to pay to said party of the first part the sum of One Thousand Dollars, in the manner following: Three Hundred Dollars, cash in hand paid, the receipt whereof is hereby acknowledged, and the balance in three annual payments, as follows, viz: Two Hundred Dollars, June 7, 1874; Two Hundred Dollars, June 7, 1875; and Three Hundred Dollars, June 7, 1876; with interest at the rate of ten per centum, per annum, payable on the dates above specified, 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 1873. 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 covenants 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 payments 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, with all the improvements and appurtenances thereon, paying said Wm. W. Stewart the appraised value of said improvements and appurtenances; said appraisement to be made by three arbitrators, one being chosen by each of the said parties, the other being chosen by the first two.

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.

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Agreement with Clerk for Services.

THIS AGREEMENT, made this fourteenth day of April, one thousand eight hundred and seventy-one, between Thomas Babcock of Ohio City, County of Cuyahoga, State of Ohio, party of the first part, and Perley White of Cleveland, County of Cuyahoga, State of Ohio, party of the second part —

WITNESSETH, that said Perley White agrees faithfully and diligently to work as clerk and salesman for the said Thomas Babcock, for and during the space of one year from the date hereof, should both live such length of time, without absenting himself from his occupation; during which time, he, the said White, in the store of said Babcock, of Ohio City, will carefully and honestly attend, doing and performing all duties as clerk and salesman aforesaid, in accordance and in all respects as directed and desired by the said Babcock.

In consideration of which services, so to be rendered by the said White, the said Babcock agrees to pay to said White the annual sum of twelve hundred dollars, payable in twelve equal monthly payments, each upon the last day of each month; provided that all dues for days of absence from business by said White, shall be deducted from the sum otherwise by the agreement due and payable by the said Babcock to the said White. Witness our hands.

THOMAS BABCOCK, PERLEY WHITE.

Agreement for Building a House.

THIS AGREEMENT, made the tenth day of April, one thous and eight hundred and seventy-two, between Jesse Perry of Germantown, County of Philadelphia, State of Pennsylvania, of the first part, and Abijah Howe, of the same town, county, and State, of the second part —

WITNESSETH, that the said Jesse Perry, party of the first part, for considerations hereinafter named, contracts and agrees with the said Abijah Howe, party of the second part, his heirs, assigns, and administrators, that he, the said Perry, will, within one hundred and twenty days, next following this date, in a good and workmanlike manner, and according to his best skill, well and substantially erect and finish a dwelling house on lot number six, in block number nine, in Solomon's addition to Germantown, facing on Talpehocken Street, which said house is to be of the following dimensions, with brick, stone, lumber, and other materials, as are described in the plans and specifications hereto annexed.

[Here describe the house, material for construction, and plans in full.]

In consideration of which, the said Abijah Howe does, for himself and legal representatives, promise to the said Jesse Perry, his heirs, executors, and assigns, to pay, or cause to be paid, to the said Perry, or his legal representatives, the sum of Eight Thousand Dollars, in manner as follows, to-wit: One Thousand dollars at the beginning of said work, one thousand dollars on the fifteenth day of May next, one thousand dollars

on the first day of June next, two thousand dollars on the first day of July next, and the remaining two thousand dollars when the work shall be fully completed.

It is also agreed that the said Jesse Perry, or his legal representatives, shall furnish, at his or their own expense, all doors, blinds, glazed sash, and window frames, according to the said plan, that may be necessary for the building of said house.

It is further agreed that in order to be entitled to said payments (the first one excepted, which is otherwise secured), the said Jesse Perry, or his legal representatives, shall, according to the architect's appraisement, have expended, in labor and material, the value of said payments, on the house, at time of payment.

For failure to accomplish the faithful performance of the agreements aforesaid, the party so failing, his heirs, executors, or assigns, agrees to forfeit and pay to the other party, or his legal representatives, the penal sum of Fifteen Hundred Dollars, as fixed and settled damages, within one month from the time of so failing.

In witness whereof, we have hereunto set our hands, the year and day first above written.

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WITNESSETH, That the said party of the first part hereby covenants and agrees, that if the party of the second part shall first make the payments and perform the covenants hereinafter mentioned on his part to be made and performed, the said party of the second part will, on or before the first day of August next, deliver, in a clean and marketable condition, twelve hundred pounds of wool, of his own production, at the wool house of Barnard & Cline, in Albany, New York. And the said party of the second part hereby covenants and agrees to pay to said party of the first part the sum of fifty-five cents per pound, in the manner following: one hundred dollars cash in hand paid, the receipt whereof is hereby acknowledged, and the balance at the time of delivery of said wool. 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 covenants 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 payments 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 take possession of said wool, remove, and sell the same elsewhere as he may deem for his interest.

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, the day and year first above written. ARTHUR BELDEN, LEMUEL BALDWIN.

BILLS OF SALE.

A Bill of Sale is a written agreement by which a party transfers to another, for a consideration on delivery, all his right, title, and interest in personal property.

The ownership of personal property, in law, is not considered changed until the delivery of such property, and the purchaser takes actual possession; though in some States a bill of sale is prima facie evidence of ownership, even against creditors, provided the sale was not fraudulently made, for the purpose of avoiding the payment of debts.

Juries have power to determine the fairness or unfairness of a sale, and upon evidence of fraud such bill of sale will be ignored, and declared void.

Common Form of Bill of Sale.

KNOW ALL MEN by this instrument, that I, Philetus Howe of Middlebury, Vermont, of the first part, for and in consideration of Four Hundred and Fifty Dollars, to me paid by Charles Rose of the same place, of the second part, the receipt whereof is hereby acknowledged, have sold, and by this instrument do convey unto the said Rose, party of the second part, his executors, administrators, and assigns, my undivided half of twenty acres of grass, now growing on the farm of Lorenzo Pease, in the town above mentioned; one pair of mules, ten swine, and three cows, belonging to me, and in my possession at the farm aforesaid to have and to hold the same unto the party of the second part, his executors and assigns, forever. And I do, for myself and legal representatives, agree with the said party of the second part, and his legal representatives, to warrant and defend the sale of the afore-mentioned property and chattels unto the said party of the second part, and his legal representatives, against all and every person whatsoever. In witness whereof, I have hereunto affixed my hand, this tenth day of June, one thousand eight hundred and seventy.

PHILETUS HOWE.

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