made. If a merely nominal consideration (as, for the consideration of one dollar, or the like) be mentioned in writing, it is a better plan to add the words, "and for other good and sufficient considerations," or their equivalent. Too much precaution can scarcely be taken in all agreements for parties to express in plain and unambiguous language exactly what they mean, and precisely as they mean it. Verbal evidence is allowed to explain, but not to vary, or change a written agreement. The assent must be mutual: both parties must understand the same thing in the same sense. Where a contract is under seal, the release or discharge of the same must be under seal; if it is required by law to be in writing, it cannot be dissolved by a subsequent agreement, merely verbal. Nearly 175 years ago, by an English statute, passed to prevent frauds and perjuries, it was, among other things, enacted, that no action should be brought whereby to charge any person upon any agreement not to be performed within the space of one year from the making of it, unless the agreement, or some note or memorandum of it, should be in writing and signed by the party sought to be charged, or his lawfully appointed agent; also, that no contract for the sale of any goods for the price of ten pounds sterling, or upward, should be held good, unless the buyer should accept part of the goods thus sold and actually receive the same, or give something as earnest to bind the bargain, or in part payment, or unless some note or memorandum in writing of such bargain should be made and signed by the parties to be charged by such agreement, or their agents. As the provisions of this celebrated statute have been in substance adopted in every State of this Union, with the single exception of Louisiana-though the sum limited (ten pounds in the English statute) in the various States ranges from $30 to $50-great care should be exercised in the case of all contracts to be affected by it, that some written memorandum be signed by one or both of the parties, or that the buyer accept part of the goods sold, or give something as earnest or pay part of the price. All agreements expire at the end of one year, unless they explicitly state that they are for a longer period. It is understood, in every contract for work or labor, that it shall be executed in a suitable and workmanlike manner, whether it is so expressed in the contract or not. If it is desired by both parties to an agreement to waive the performance of a part of it, let it be so endorsed on the back of the agreement, and signed by the party who so consents to waive it. The law of the state where the contract is made regulates the construction of the contract; the law of the state where the contract is sought to be enforced regulates the remedy. Amounts and dates should always be written out, and not expressed in figures: thus, two thousand dollars, instead of $2,000. The words in italics, and names in capitals, are merely inserted to show how the forms may be filled out. They should be always omitted in drawing a paper, and such words inserted as correspond with the facts in hand, and the actual agreement of the parties. Fraud destroys every contract into which it enters. No. 1.-General Form of Agreement. This Agreement, made this first day of May, one thousand eight hundred and eighty-seven, between JOHN DOE, of the City of New York, in the county of New York, and state of New York, of the first part, and RICHARD ROE, of the city of Buffalo, in the county of Erie and state of New York of the second part—* Witnesseth, that the said JOHN DOE, in consideration of the covenants on the part of the party of the second part hereinafter contained, doth covenant and agree to and with the said RICHARD ROE, that [here insert the agreement on the part of John Doe.] And the said RICHARD ROE, in consideration of the covenants on the part of the party of the first part, doth covenant and agree to and with the said JOHN DOE, that [here insert the agreement on the part of Richard Roe]. *To avoid repetition we have referred in the succeeding forms to certain numbers, for the introductory matter of the form. For example, in No. 5, the first part of No. 1 is to be copied in that form as far as the star. † In witness whereof, we have hereunto set our hands and seals, the day and year first above written. Signed, sealed and deliv- ] ered, in presence of JOHN SMITH, JAMES SHORT. JOHN DOE (seal). [When required, this clause may be inserted:] And it is further agreed between the parties hereto, that the party that shall fail to perform this agreement on his part, will pay to the other the full sum of fifty dollars, as liquidated, fixed, and settled damages.‡ No. 2.-Agreement for the Sale and Delivery of Personal Property. This Agreement, made this first day of July, one thousand eight hundred and eighty-seven, between JOHN DOE, of New Albany, in the county of Floyd, and state of Indiana, of the first part, and RICHARD ROE, of the city of Buffalo, in the county of Erie, and state of New York, of the second part Witnesseth, that the said JOHN DOE, in consideration of the covenants on the part of the said RICHARD ROE, doth covenant to and with the said RICHARD ROE, that he will deliver to the said RICHARD ROE, at his store in New Albany, aforesaid, one thousand bushels of wheat, of good merchantable quality, on or before the first day of September next. And the said RICHARD ROE, in consideration of the covenants on the part of the said JOHN DOE, doth covenant and agree to and with the said JOHN DOE, that he will pay to the said JOHN DOE at the rate of one dollar for each bushel of wheat so delivered, immediately on the completion of the delivery thereof. †This form of witnessing and signing may be adopted in every legal instrument, except where a different form is particularly given or directed to be used. When it is desired to fix the damages for the violation of the contract, this clause may be inserted before the witnessing clause. It has the advantage of making crtain the amount of damages to be paid, instead of leaving it to be settled by a suit at law, or an agreement between the parties, after the contract has been violated. In witness whereof, the said parties have hereunto set their hands and seals the day and year first above written. Signed, sealed, and deliv ered, in presence of JOHN SMITH, JAMES SHORT. JOHN DOE (seal). The foregoing form can be used for any description of personal property. No. 3.-Agreement for Building a House. Contract for Building, made the tenth day of July, one thousand eight hundred and eighty-seven, by and between JOHN DOE, of Brooklyn, in the county of Kings, and state of New York, of the first part, and RICHARD ROE, of New York, in the county of New York, and state of New York, of the second part, in these words: the said party of the second part covenants and agrees to and with the said party of the first part, to make, erect, build, and finish, in a good, substantial, and workmanlike manner, a three-story brick dwelling-house, on the lot of land situated [here insert description of lot], agreeable to the draught, plan, and specifications, hereto annexed, of good and substantial materials, by the first day of January next. And the said party of the first part covenants and agrees to pay unto the said party of the second part, for the same, the sum of two thousand dollars lawful money of the United States, as follows: the sum of one thousand dollars when the building is enclosed and the roof put on, and the remaining one thousand dollars when the building is completed. And for the true and faithful performance of all and every of the covenants and agreements above mentioned, the parties to these presents covenant and agree, each with the other, that the sum of one thousand dollars, as fixed, settled, and liquidated damages, shall be paid to the other by the failing party. In witness whereof, &c. [as in No. 1]. * The draughts and specifications should be all signed by the parties to the agreement, in order that they may be identified. No. 4.-Agreement for the Sale of Land. Articles of Agreement, made the fifth day of March one thousand eight hundred and eighty-seven, between JOHN DOE, of Rochester, in the county of Monroe, and state of New York, of the first part, and RICHARD ROE, of Newburgh, in the county of Orange, and state of New York, of the second part, witnesseth, that the said party of the first part, for and in consideration of the sum of five hundred dollars to be paid as hereinafter mentioned, has contracted and agreed to sell to the said party of the second part, all that certain piece or parcel of land, situate in Newburgh, in Orange county, and state of New York, and which is bounded and described as follows, to wit: beginning at, &c. [here insert description of the land.]* And the said party of the first part agrees to execute and deliver to the said party of the second part a warranty deed, for the said land with the usual full covenant. Provided, and upon condition nevertheless, that the said party of the second part, his heirs or assigns, pay to the said party of the first part, his heirs or assigns, for the same land, the sum of five hundred dollars lawful money of the United States of America, payable as follows: the sum of two hundred and fifty dollars on the first day of June next and the further and remaining sum of two hundred and fifty dollars on the first day of August in the year one thousand eight hundred and eighty-nine, together with lawful interest on the same, from the date hereof: And the said party of the second part, for himself, his heirs, executors, and administrators, doth covenant and agree, to and with the said party of the first part, his heirs and assigns, that the said party of the second part will pay the said several sums as they severally become due, with the interest thereon, without deduction of any taxes or assessments whatever. And it is further agreed between the parties to these presents, that if default be made in fulfilling this agreement, or any part thereof, on the part of the said party of the second part, then, and in such case, the said party of the first part, his heirs and assigns, shall be at liberty to con * In describing land, buildings, &c., care should be had to make the description as complete as possible, so as to be readily identified on examination, |