EVERY MAN'S OWN LAWYER.

A COMPENDIUM OF

BUSINESS AND DOMESTIC LAW AND EQUITY

COMPRISING THE

RIGHTS AND WRONGS OF INDIVIDUALS,

BY A NEW YORK ATTORNEY AND COUNSELLOR AT LAW.

A Handy Guide in all Law and Business Transactions and Negotiations.

CONTAINING PLAIN AND SIMPLE INSTRUCTIONS FOR TRANSACTING

ALL KINDS OF BUSINESS, AND CORRECT LEGAL FORMS

FOR DRAWING ALL NECESSARY PAPERS

REQUIRED IN THE

CIVIL AND COMMERCIAL RELATIONS OF EVERY-DAY LIFE.

THERE IS ALSO ADDED

The Special Laws of Every State and Territory in the United States,

GIVING CONCISE YET ACCURATE INFORMATION RELATING TO

HOUSEHOLD AND HOMESTEAD EXEMPTIONS FROM EXECUTION, DEEDS,
ACKNOWLEDGEMENT OF DEEDS, MECHANICS' LIEN, COLLECTION
OF DEBTS. LIMITATION OF ACTIONS, REGULATING CON-
TRACTS, CHATTEL MORTGAGES, RIGHTS OF MARRIED
WOMEN, ARREST, ASSIGNMENTS, DESCENT AND
DISTRIBUTION OF PROPERTY, DIVORCE,
GARNISHMENT, JUDGMENTS, EXERCISE
OF THE FRANCHISE, DOWER,
RATES OF INTEREST,
USURY, AND WILLS.

REVISED TO DATE.

NEW YORK:

HURST & CO., PUBLISHERS,

122 NASSAU STREET.

Copyright, 1888, by HURST & Co

ARGYLE PRESS,

PRINTING AND BOOKBINDING
24 & 26 WOOSTER ST., N. Y.

Every Man's Own Lawyer.

AGREEMENTS AND CONTRACTS.

THE legal name of an agreement is a contract; which is defined, an agreement upon sufficient consideration, to do, or not to do, a particular thing. If under seal, it is called a specialty; if not, an agreement by parol: the latter term including all agreements, both verbal and written, not under seal.

It is advisable in contracts to add a seal, as such are generally in law of a higher consideration. A written. agreement can be more easily proved than a verbal one. A large proportion of lawsuits arise from a neglect to have agreements distinctly understood and clearly expressed.

A signature of initials or names with a lead-pencil is binding; so also a mark with a pen or lead-pencil, (especially if witnessed,) if a person cannot write his name.

Fraud entirely destroys all agreements; misrepresentations of important facts by one party entitle the other to refuse to be bound. When agreements are made for the sale of goods by sample, the goods delivered must correspond with the sample, or the buyer is not bound. An alteration in the date of an agreement destoys it.

When a person deposits in the post-office an acceptance of a proposition made through mail by another, the contract is thenceforth complete in law.

Agreements to do unlawful acts, or acts opposed to public policy, are absolutely void.

Agreements under seal import a valuable consideration, which need not be money. The test in law of a valuable consideration is some benefit to the party making the promise, or some injury to the party to whom the promise is