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EVERY MAN HIS OWN LAWYER
BUSINESS FORM BOOK.
A COMPLETE GUIDE IN ALL MATTERS OF LAW AND BUSINESS
NEGOTIATIONS, FOR EVERY STATE IN THE UNION.
ALL Agreements are null and void at the end of one year from their dates, unless the contract, or some memorandum thereof, stating the consideration, be in writing and signed by the parties by whom the agreement is made.
All leases expirc at the end of one year, unless there is a written agreement, stating the consideration, for a longer period.
All agreements expire at the end of one year unless they ex plicitly state that they are for a longer period.
Signatures signed with a lead pencil, or by making a mark, if theparties making them cannot write, if done in the presence of one or more witnesses, are good in law. But when a pen can be had, it should be used in preference, tu obviate the possibility of legal quibbling.
Agreements which fail to show that they were made for a consideration--that is, without a fair or reasonable sum of money, or property to the value of money-are void in law.
Evory agreement should distinctly specify the time within which or at the end of which, its conditions shall be complied with.
Every instrument is better in law with a seal than without one.
General Form of Agreement. This AGREEMENT, made this first day of May, one thousand eigh gundred and sixty, between John Dean, of the city of Hartford in the county of Hartford, and state of Connecticut, of the firs part, and James Good of the village of Windsor, in said county and state, of the second part
WITNESSETH, That the said John Dean, 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 James Good, that (here insert the agreement on the part of John Dean.)
And the said James Good, 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 Dean, that (here insert the agreement on the part of James Good.)
In witness whereof, we have hereunto set our hands and soals, the day and year first above written. Sealed and delivered, in presence of
JOHN DEAN. L.8. John Stout,
Isaac FOWLER. [When required this clause may be inserted :)
And it is further agreed, between the parties bereto, that the party that shall fail to perform this agreement on his part, will pay to the other the full sum of fifly dollars, as liquidatod, Esed, and settled damages.
Agreement for the Purchase of a House and Lot. MEMORANDUM of an agreement made this 10th day of July, it the yoar 1860, between John Rowley, Printer, of the city of New York, and Carlton Bryant, Merchant, of the same city, witnesseth - That the said John Rowley agrees to sell, and the said CarlTon Bryant agrees to purchase, for the price or consideration of
- dollars, the house and lot known and distinguished as number ninety-nine, in street, in the said city of New York. The possession of the property is to be delivered on the first day of May next, when twenty-five per cent. of the purchase-money is to be paid in cash, and a bond and mortgage on the premises, bearing seven per cent. intereet, payable in five years (such interest payeble quarterly), is to be executed for the balance of the purchase
money, at which time also a deed of conveyance in fee simple, containing the usual full covenants and warranty is to be delivered, executed by the said Joan ROWLEY and wife, and the title made satisfactory to the said CARLTON BRYANT; it being understood that this agreement shall be binding upon the heirs, executors, administrators, and assigns of the respective parties; and also that the said premises are now insured for dollars, and, in case the said house should be burnt before the said first day of May next, that the said John Rowley shall hold the said insurance in trust for, and will then transfer the same to said CARLTON BRYANT with the said deed.
In witness, &c., [as in General Form.]
Agreement for the sale of Real Estate. ARTICLES of agreement made and entered into this day of - between A. B. of —, of the one part, and C. D. of —, of the other part, as follows: The said A. B. both hereby agree with the said C. D. to sell him tbe lot of ground, (here describe it,] for the sum of —; and that he, the said A, B., shall and will, no the day of
next, on receiving from the said C. D. the said sum, at his own cost and expense, execute a proper convey. ance for the conveying and assuring the fee simple of the said premises to the said C. D., free from all encumbrances, which conveyance shall contain a general warranty and the usual full covenats. And the said C. D. agrees with the said A. B. that he, the said C. D., shall and will, on the said
- next, and on execution of such conveyance, pay unto the said A. B. the sum of - aforsesaid. And it is further agreed, between the parties aforesaid, as follows: The said A. B. shall have and retain the possession of the property, and receive and be entitled to the rents and profits thereof, until the said – day of — next; when, and upon the delivery of the conveyance, the possession is to be delivered to the said C. D. And it is understood that the stipulation aforesaid are to apply to and to bind the heirs, executors, an administrators of the respective parties. And in case of failure, the parties bind themselves each unto the other in the sum of which they hereby consent to fix and liquidate the amount of damages to be paid by tbe failing party for his non-performance
In witness, &c., [as in General Form.]
Agreement for a Lease. MEMORANDUM of an agreement niade this
in the year between A. B. of the city of New York, Esquire, and C. D., of said city, merchant, witnesseth, That the said A B.
agrees, by indenture, to be executed on or before the
next to demise and let the said C. r. the house and lot known as number in street, in said city, at present in the occupa tion of E. F., to hold to the said C. D. bis executors, administrators, and assigns, from the first day of May next, for and during the term of twenty-one years, at or under the clear yearly rent of dollard, payable quarterly, clear of all taxes and deductions ; in which leas6 there shall be contained covenanta on the part of the said C. D., his executors, administrators, and assigns, to pay rent, (except in case the prensises are destroyed by fire, the rent is to cease until they are rebuilt,) and to pay all taxes and assessments; to repair the premises, (except daniages by tiro :) not to carry on any offen. sive or other business upon the premises, (except by the written permission of the said A. B. ;) to deliver the same up at the end of the term in good repair, (except damages by fire as aforesaid ;) with all other usual nnd reasonable covenants; and a proviso for the re-entry of the said A. B., his beirs or assigns, in case of the nonpayment of the rent for the space of fifteen days after either of the Baid rent-days, or the non-performance of any of the covenants; and there shall also be contained thereid covenants on the part of the said A. B., his heirs and assigns, for quiet onjoyment, to renew said lease at the expiration of said term, for a further period of twenty-one years at the same rent on the said C. D., his executors, administrators, or assigns, paying the said A. B., his executors, administrators, or as. signs, the sum of dollars as a premium for such renewal ; and that, in case of an accidental firo, at any time during the said terms, or either of them, the said A. B. will forthwith proceed to put the premises in as good repair as before the fire, the rent in the mean time to cease ; and the said C. D. hereby agrees to ac. cept such lease on the terms aforesaid ; and it is mutually agreed that the costs of making, executing and recording said lease, and a counterpart thereof, shall be borne by the said parties equally.
As witness, &c., (as in General Form.]
Agreement for Building a House. MEMORANDUM.—That on this
it is agreed ba tween A. B. of and C. D. of in manner following, viz. : the said C. D., for the considerations hereinafter mentioned, dotb for himsef, his heirs, executors, and administrators, covenant with the said A. B., his cxecutors, administrators, and assigns, that he the said C. D. or his assigns shall and will, within the space of
next after the date hereof, in a good and workmanlike manner, and at his own proper charge and expense, at — well and sub stantially erect, build, and finish, one house, or messuage, accord. ing to the draught, scheme, and explanation hereunto annexed with such stone, brick, timber, and other materials, as the said A
f lawful money
B. or his assigns shall find or provide for the same : Il considera tion whereof, the said A. B doth for himself, his executors, and ad ministrators, covenant with the said C. D., his executors, administra tors, and assigns, well and truly to pay unto tie said C. D., his execu. tors, administrators, and assigns, the sum of of in manner following, viz. : part the "eof at the be gioving of the said work another part thereof when the said work shall be half done, and the remaining in full for the said work, when the same shall be completely finished: And also that he, the said A. B., his executors, administrators, or assigne, shall and will from time to time, as the same shall be required, at bis and their own proper expense, find and provide stone, brick timber, and other materials necessary for making, building and finishing the said house. And for tho performance of all and every the articles and agreements above mentioned, the said A. B. and C. D. do hereby bind themselves, their executors, administrators, and assigns, each to the other, in the penal sum of firmly by these presents.
In witness, &c., (as in General Form.)
Agreement respecting a Party Wall. This agreement, made this day of — in the year between Þ. L. of the City of New York ,merchant, of the first part, and P. S. of said city, merchant, of the second part, witnesseth. Whereas, the said D. L. is the owner in fee of the lot and store known as number 90 in street, in the third ward of the City of New York, and the said P. S. the owner in fee of the lot known as number 92 in street, aforesaid, immediately adjoining to and on the southerly side of said lot and store number 90, on which lot of the said P. S. be is about to erect a brick store. And whereAs, it has been agreed, by and between the said parties, that the said P. S., in erecting his said store, shall make use of the gable ond wall of the said store of the said D. L., immediately contiguous to and adjoining the said lot of the said P. S., as a party wall, upon the terms, conditions, and considerations bereinafter mentioned, the said gable end wall of the said D. L., so to be used as a party wall, standing and being entirely on the said lot of the said D. L. Now, therefore, this agreement witnesseth, that the said D. L., for and in consideration of the sum of dollars to him in hand paid by the said P. S., at or before the ensealing and delivery of these pro Bents, the receipt whereof is hereby acknowledged, doth, for bim self, his heirs, executors, administrators, and assigns, covenant guant, promise, and agree to and with the said P. s., his beira executors, administrators, and assigns, forever, that he, the said ” S., bis heirs and assigns, shall and may, in erecting and building the said store upon the said lot of the said I S., freely and lawfully: