Commentaries on the Law of Contracts: Being a Consideration of the Nature and General Principles of the Law of Contracts and Their Application in Various Special Relations, Svazek 6

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Bobbs-Merrill Company, 1913

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Agreement with real estate broker to sell property
27
Agency contract for sale of mimeograph
38
TABLE OF CONTENTS BONDS
43
Release by intended wife of all interest in husbands estate
45
Separation agreement of husband and wife
52
Submission of dispute as to wages of seamen
58
EXTENSION BOND REVOCATION
66
Award of damages on submission by order of court
73
Award that one party has no claim against the other
74
Award of costs
76
Award of balance due on account
77
Assignment of several demands mentioned in schedule
78
Separate assignment of judgment
79
Assignment of judgment debtShort form
80
Assignment of mortgage by indorsement
81
Assignment of mortgage by deed
82
Assignment of mortgage by deedA short form
83
Assignment of mortgage by deedAnother form
84
Assignment of mortgage and bond by deedAnother form
85
Assignment of mortgage by deedWith bond and warrant
86
Marginal assignment of mortgage
87
Vote of corporation confirming assignment of mortgage by its treasurer
89
Assignment of agreement for leaseAfter recital of parties
90
Assignment of agreement for lease indorsed thereon
91
Confirmation of lease by lessor after lessee has incurred forfeiture by breach of covenants and conditions thereof
92
Assignment of leasehold by one partner to another on dissolution of partnership After recital of partners and of lease and of dis solution of partnership
93
Assignment of lease by indorsement
94
Assignment of right to patent an invention in foreign countries
107
Assignment of subscription to stock
113
Assignment of shares in building and loan association
119
TABLE OF CONTENTS ASSIGNMENT FOR THE BENEFIT OF CREDITORS SECTION PAGE 5325 Commencement clause
122
Power of attorney
123
Revaluation of securities
124
Power of trustees to call meeting of creditors
125
Remuneration of trustee and payment to debtor and others
126
Memorandum when instrument is to be held in escrow
127
Assignment by debtor of all his property to three sole creditors
129
Assignment by partners making preferences
130
Assignment of trade debts for benefit of creditors
132
Assignment for benefit of creditorsAssignee to be governed by statute
133
ATTORNEY AND CLIENT 5350 As to particular litigation
135
AUCTIONS AND AUCTIONEERS 5355 Memorandum of sale
137
Auction contract
138
BAILMENT CONTRACTS 5360 General form
139
BILLS AND NOTES 5365 Promissory noteShort form
141
Foreign bill of exchange
142
Forms of acceptance
143
IndorsementGuaranty contract
144
Due bill
145
Mortgage note providing for compound interest
146
Coupon with above note
147
Scire facias bond and warrant
149
Warrant annexed to above bond
150
Judgment note
151
Notice of protest
152
Bill of sale of chattels in usual form
153
Receipt of delivery of possession to be indorsed on above indenture
154
AGREEMENTS TO SELL PERSONALTY 5400 Agreement for sale of a secret process of manufacture
155
Agreement for purchase of sole right of compounding and selling a patent medicine for a term of years for a share of profits
156
Agreement for sale of furniture and fixtures of a hotel
157
SECTION PAGE 5403 Agreement for sale of physicians practice
158
Contract to grow and sell sugar beets
160
11
161
Beet sugar contractPlanting and sale of beets
162
Agreement for sale of ship or vessel
164
Indorsement that above agreement shall apply to further purchases
165
Agreement for sale of patent
166
Preliminary agreement for sale of patent to trustee for company about to be formed in consideration of shares or cash
167
Agreement for forming syndicate to purchase contract for sale of patent and to sell contract or patent to company or otherwise
169
Contract for sale of ice
171
Logging contract
172
Contract for sale of fruit
173
Contract to sell lumber
174
Contract to sell nursery stock
175
Agreement to sell crop of tomatoes
177
Contract for sale of electrical machinery
178
AGREEMENTS FOR SALE AND PURCHASE OF LAND 5422 Agreement for sale and purchase of land buildings and interests therein
179
Agreement for sale and purchase of dwellinghouse and land
181
Contract for sale of lot on payments
182
Agreement to deed land to railroad company
184
Agreement for sale of land without special conditions
185
Agreement for sale of building lot with option to purchase adjoin ing lots
186
Agreement for purchase subject to mortgage which purchaser assumes
187
Agreement for purchase of farm land on long time
188
Agreement for purchase of land with provision for payment of pur chasemoney by instalments the purchaser becoming tenant to vendor
190
Agreement for sale of building lots the vendor to make advances
191
Agreement for an exchange of parcels of land
194
Agreement for partition between tenants in common
195
Agreement to purchase real estate
197
AGREEMENT TO SELL CHATTELSREAL AND MIXED PROPERTY SECTION PAGE 5437 Agreement for sale of harvest of wheat
200
Agreement for sale of crop of grass
201
Agreement for sale of leasehold estate
202
Agreement for sale of leasehold interest
203
Agreement for sale of lease fixtures and good will of business
204
Notice of sale in bulk
205
Agreement for sale of interest of purchaser under contract of pur chase
206
Agreement that purchaser may retain part of purchasemoney until defect in title is removed
207
Agreement by vendor for giving possession to vendee before con veyance of title
208
CONDITIONAL SALES 5448 Agreement for purchase of sewing machine on lease system
209
Agreement for sale and purchase of land on condition that vendor obtain a registered title
211
Agreement for conditional sale of machinery by means of lease
213
Conditional contract and note
215
Conditional contract in the form of a note
216
Contract to convey realty on payment of part of purchaseprice
218
Conditional contract for sale of typewriter
220
Conditional contract for sale of safe
221
Conditional contract for sale of sewing machine
222
Conditional sale of real estate on instalment plan
224
Conditional sale of an automobile
225
BOARD LODGING AND SUPPORT CONTRACTS 5465 Agreement to support parents
226
Contract between husband and wife for support of children
227
BOARD OF TRADE CONTRACTS 5470 Contract for purchase of wheat
229
A spread
230
COMMERCIAL AND MUNICIPAL BONDS SECTION PAGE 5475 General form
231
Municipal bondCity hall
232
Gravel road bond
233
Village bond
235
School bond
236
County bond to railroad company
237
Township bond
238
Parish bond
239
GUARANTY FIDELITY AND INDEMNITY BONDS 5487 Contractors bond
240
Indemnity bond to sheriff
242
Bond of auctioneer
243
Bond that lessee and surety shall pay rent
244
Bond by treasurer of corporation with sureties
245
Bond by a cashier with sureties
246
Bond to contribute to support of illegitimate child
247
Judgment bond with warranty of attorney
248
Bond and warrantAnother form
249
Bond of indemnity to a surety in a bond
250
Bond not to carry on business within distance named for certain number of years nor to solicit custom of persons mentioned in schedule
251
Bond for a deed
252
Bond for deedAnother form
254
Bond for a deedShort form
255
Bond to indemnify purchaser against particular defect in title
256
Bond by surviving partners to secure payment of shares of deceased partner and for indemnity against partnership liabilities
257
Bond to preserve trade secret
258
Bond to preserve secret mode of manufacturing article
259
Bond of indemnity to retiring partner against partnership debts
261
Bond by vendor to purchaser to indemnify him against dower
267
BUILDING AND CONSTRUCTION CONTRACTS
273
Contract between contractors and committee or trustees for build
284
Contract for building machine or vehicle
290
Agreement between contractor and subcontractor for work
297
Conditions for architectural competition for construction of build
307
Agreement with architect
314
Contract for drilling oil or gas well
322
TABLE OF CONTENTS BUILDING AND LOAN CONTRACTS ปี SECTION PAGE 5555 Application for loan to board of directors of saving and ...
326
Appraisers report
328
Affidavit
331
First mortgage bond
332
CARRIER CONTRACTS 5564 Charter party
333
Express companys receipt for money
334
Straight bill of lading of railroad companyOriginalNot negoti able
335
Contract for carriage of goods liable to extra hazard
339
Contract to carry goods at reduced pricesLimitation of common law liability
340
Maritime bill of lading
342
COMBINATION AGREEMENT 5572 Combination agreement between corporations
343
Pooling agreement
346
COMPOSITION WITH CREDITORS 5575 Short form
347
Another form
348
Composition deed allowing debtor to carry on his business under the direction of committee of creditors
349
Composition between partners and their joint creditors with cove nant not to sue
353
Composition with assignment by debtor to trustees to secure same and release of debt by creditors
355
Composition with indorsers
358
Surety to stand in position of principal toward creditors
359
Receipt for composition on debt
360
Contribution
361
SECTION PAGE 5595 Promoters agreement
363
Subscription agreement
364
Articles of associationGeneral form
365
Proxy
372
Bylaws
373
Directors resolutionTo borrow money
375
Commonstock certificate
376
Preferred stock
377
Underwriting contract
378
Articles of incorporation for agricultural association
380
Acknowledgment
383
Articles of incorporation of church
385
Articles of incorporation for cemetery association
386
Articles of association for investment company
388
Articles of incorporation for bank
393
Change of name of corporation
396
Merger of corporation
397
Articles of association for automobile college
403
Articles of association of club
405
Articles of incorporation of café company
406
Articles of association of workmens association
407
DEEDS
409
FORMS OF COMMENCEMENT 5630 Of deed poll
410
CONSIDERATION AND RECEIPT FOR SAME 5633 In deed poll
411
Of undivided half
412
Of right to lay sewers and pipes
413
SUBJECT TO ENCUMBRANCES 5647 Subject to mortgage which grantee assumes
414
Subject to lease
415
General form for deed poll
416
Proviso restricting grantors liability to his own acts or defaults
417
Grant of right of way to interurban railway company
418
Release of easement by indorsement
419
Attestation where there are interlineations or erasures
420
Attestation of instrument intended to operate as escrow
421
Of indenture executed under power of attorney
422
Conveyance by assignee of bankrupt to purchaser in fee
423
Conveyance by one tenant in common or joint tenant to another
424
Deed of giftAnother form
425
Warranty deed
426
Quitclaim deedAnother form
427
Deed of partition
428
Guardians deed
429
Deed of trust
430
Mining deed
431
Deed of right of way
432
SEPARATION DEED 5701 Deed of separation husband allowing wife an annuity during their joint lives with usual covenants
433
SECTION PACE 5705 Easement of way over private road
438
Grant of right to take water from well
439
Agreement between householder and owner of adjoining land as to right to eavesdrip
440
Grant of right of sewageAnother form
441
Agreement between adjoining landowners as to continuance of en croachment
442
Grant of right of way to interurban railway
443
EMPLOYMENT CONTRACTS 5715 Contract between clerk and employer
444
Contract of employment as mining engineer
445
Agreement between physician and patient
446
Contract to raise and deliver sunken logs
447
Contract for mechanics work
449
Contract with foreman
450
Agreement between master and servant
451
Agreement between merchant and traveling salesman
452
Agreement with manufacturing company for the services of sur geon
453
Agreement between shipowners for appointment of ships husband
454
Agreement between garage keeper and owner of automobile
456
Agreement with garage keeper to take care of machine and make repairs
457
Contract with chauffeurAnother form
458
Street railway ordinance
460
Telephone ordinance
461
Waterworks franchise
462
INDEMNITY AND GUARANTY CONTRACTS 5740 Letter of guaranty for goods sold to third person
466
Guaranty for goods supplied limited to one transaction
467
Guaranty of payment of debt by instalments in consideration of staying suit
468
Guaranty of bond by indorsement
469
Guaranty of rent to be indorsed on leaseShort form
470
Guaranty to bankersShort form
471
Agreement to indemnify corporation on issue of new certificate of shares in place of one lost or destroyed
472
Revocation by surety or guarantor when power is reserved
473
Notice to surety of default under agreement of guaranty
474
Guaranty of fidelity of clerk agent or manager
475
INSURANCE CONTRACTS 5765 Standard form of fire insurance policy for New York state
477
Standard tornado policy
483
Plate glass insurance policy
486
Bankers burglary policy
489
Life insurance policy
494
Steam boiler policy
499
Accident policy
502
Contractors employers policy
507
General liability policy
509
Automobile policy
511
LANDLORD AND TENANT FORMAL PARTS COVENANTS AND PROVISOS OF LEASES 5785 Form of commencement
535
TABLE OF CONTENTS SECTION PAGE 5787 Common reservations
536
Habenda
537
Rent in advance
538
LESSEES COVENANTS 5793 To pay rent
539
To submit plan of alterations
540
To use as offices only
541
To manage hotel properly
542
LESSORS COVENANTS 5813 For quiet enjoyment
543
For keeping entire premises in repair
544
COVENANTS SUBSEQUENT TO ORIGINAL LEASE 5820 By underlessor to pay rent under original lease
545
Covenants by assignee of lease
546
SECTION PAGE 5825 For suspension of rent in case of fire
547
For determining lease by either party
548
To enable underlessee to pay his rent to original lessor or owner
549
Agreement for lease to be granted on expiration of present lease
550
Agreement to let furnished apartments
551
Agreement for a building lease for ninetynine years
552
Agreement for a lease of land on which the lessee is to erect a building
554
Lease with short covenants
555
Lease with provision for liquidated damages for breach of cove nant not to assign or underlet
556
Lease from year to year
557
Lease of a residential flat or suite of chambers
558
Lease of business block for a long term with special provisions for rebuilding in case of destruction by fire and for an increased rent for new building
561
Lease of farm
566
Lease by tenant for life with reversion clause
567
Covenants which may be used in leases
569
Covenant by lessee to pay additional rent in consideration of altera tions in buildings to be made by landlord
573
Lease of a factory
574
Agreement for cultivating land on shares
576
Agreement by lessee with his landlord for apportionment of rents
577
License to assign
578
License to underlet
579
License to underlet part of leased premises
580
Agreement by tenant at will to pay rent in advance
581
Lease of business office
583
TABLE OF CONTENTS SECTION PAGE 5864 Lease of office in office building
584
Planters contract
587
Lease with option to purchase
588
Lease with option to purchaseAnother form
590
Lease with option to purchaseAnother form
591
Building leaseGeneral form
596
LEASES OF PERSONAL PROPERTY 5875 Lease and license for the use of patented machinery
598
Contract for lease of machinery
599
Contract for lease of machineryAnother form
600
Agreement to rent an automobile
601
Agreement for letting furniture
602
Lease for sewing machine
603
Peddlers license
605
License to operate show on fair ground
606
Lease of privilege on fair ground
607
Lease of space on fair ground
610
License to lay pipes across real property
611
License or agreement for right of burial
612
MANUFACTURING CONTRACTS 5895 General form
613
Agreement to manufacture certain articles
614
Notice of discontinuance of manufacture of patented articles
616
Contract to manufacture lumber
618
Contract to manufacture lumberAnother form
619
Contract to manufacture brick
622
MINING AND MINERAL CONTRACTS 5905 Agreement to mine oil and gas on specified payments and a royalty
624
Agreement to mine oil and gas on payment without royalty
626
Mining lease
627
Mining leaseAnother form
628
Mining leaseAnother form
629
SECTION PAGE 5910 Mining contract for development
630
Coal mining lease
632
Grubstake contract
633
Escrow agreement as to mining deed
634
MORTGAGES GENERAL CLAUSES OF REAL ESTATE MORTGAGES 5915 Proviso for payment of debts and interest
635
Proviso for payment of principal by instalments
636
Provision for reduction of interest on punctual payment
637
Proviso that whole debt shall become due upon default in payment of any instalment of principal or interest
638
That mortgagees receipts shall discharge purchaser
639
Covenant by purchaser to pay mortgage and covenant by mortgagee to extend mortgage
640
COMMON FORMS OF MORTGAGES USED IN SEVERAL STATES 5931 Mortgage of real estate
641
California Idaho NevadaShort form
643
CaliforniaStatutory form of mortgage of realty
645
District of ColumbiaMortgageStatutory formWith or without power of sale
646
GeorgiaMortgage of real property
647
IllinoisMortgage in general use in Illinois
648
IllinoisStatutory form of mortgage
650
KansasStatutory form of mortgage of land
651
TABLE OF CONTENTS SECTION PAGE 5946 MississippiStatutory form of deed of trust or mortgage
652
MissouriMortgage with power of sale
653
MissouriDeed by trustee
654
MontanaStatutory form of mortgage
655
New YorkStatutory form of mortgage
656
North CarolinaForm for small mortgages
657
OklahomaStatutory form of mortgage of real property
658
TennesseeForm of satisfaction
659
West VirginiaDeed of trustee upon sale under deed of trust 560
660
WyomingMortgage deedStatutory form
661
WyomingCancelation of mortgageStatutory form
662
WyomingForm of deed upon sale under trust deedStatutory
663
Another form with stipulations for sale
664
Power of mortgagee of furniture to enter and inspect
665
CaliforniaStatutory form of mortgage of personal property
666
IllinoisForm of chattel mortgage with affidavit
667
IllinoisAffidavit by mortgagor of clear title
669
MarylandStatutory form of mortgage of personal property
671
New YorkChattel mortgage with power of saleShort form
672
North CarolinaStatutory form of chattel mortgage
673
PennsylvaniaStatutory form of chattel mortgage
674
South DakotaStatutory form of mortgage of personal property
675
SECTION PAGE 5990 Mortgage of letters patent
677
Mortgage bill of sale of registered vessel
680
Mortgage of legacy
682
Mortgage of simple debt
683
Mortgage of judgment debt
684
Indenture altering rate of interest and time of payment of mort gage debt by indorsement
685
EXTENSION OF THE TIME OF PAYMENT OF A MORTGAGE 5996 Massachusetts form for extension of mortgage
686
New York form for extension of mortgage
687
Mortgage of share in partnership business principal to be paid by monthly instalments
689
Where principal debt has become due by default in payment of interest
691
Agreement by mortgagee to postpone sale under mortgage
692
DISCHARGE SATISFACTION AND RELEASE OF A MORTGAGE 6001 Massachusetts form
693
Satisfaction of mortgageNew York form
694
General form for the sale of real estate
695
Option on stock
696
Agreement giving option to take lease
697
Lease of realty with option to purchase
698
Lessee to lessor of desire to purchase premises under an option
699
Lessee to lessor of his intention to purchase under option
700
Option to purchase stock
701
Assignment of option
702
PARTNERSHIP GENERAL CLAUSES 6025 Duration and style of partnership
703
Payment to one partner for rent
704
Stock in trade as part of capital
705
Deposit and payment of moneys
706
Expenses profits and losses to be divided equally
707
One partner to be manager at salary
708
Bonds notes and other securities to be signed by both partners
709
Not to do any act whereby partnership property shall be attached
710
Not to compound debts
711
Provision for admission of sons
712
Partner may sell his share giving others right of purchase
713
Power to dissolve in case of losses
714
SECTION PAGE 6073 Power of expulsion
715
Provision for sale of interest of deceased partner
716
Good will not to be sold on dissolution
717
Provision for payment of deceased partners share to representa tives
718
Winding up on dissolution
719
Provision for division of partnership property by agent or trustee
720
Purchase of interest of retiring partner in case partnership is dis solved upon notice
721
Covenants by continuing partner to pay debts and for indemnity
722
Partner to other partners to dissolve partnership
723
Of dissolution of partnership as regards one partner only
724
Partners after dissolution of partnership to debtor of firm to pay debt to joint agent of partners
725
Extension of term of partnership indorsed on articles
727
Agreement to form law firm
728
Admission of new partner into existing firm
731
Agreement by indorsement on admission into firm of new partner who brings in additional capital
732
TABLE OF CONTENTS SECTION PAGE 6107 Agreement for sale by retiring partner of his share in partnership to incoming partner with concurre...
733
Retirement of one partnerRemaining partners purchasing his share
734
LIMITED PARTNERSHIPS 6109 Certificate of formation
736
PARTYWALL AGREEMENTS 6115 Partywall agreement
738
Partywall agreementAnother form
739
Agreement between adjoining owners as to boundaries and rights of light and air
741
License to use wall of adjoining building
742
Brief stipulation in regard to party wall to be inserted in deed of part of lot
743
Agreement establishing wall as party wall
744
LicenseShop right
746
Exclusive license for a term of years for fixed sum and royalty
747
Assignment of license to manufacture patented article
750
Agreement for advances to aid inventor in perfecting his invention and obtaining letters patent
751
Agreement for working patent
752
PLEDGES AND COLLATERAL SECURITIES 6135 Collateral notes pledging stock with power of sale
756
Pledge of chattels
757
Memorandum of pledge of articles as security for loan
758
Receipt for collaterals
759
Defeasance on receiving assignment of collateral security
770
SECTION PAGE 6145 Commencement
772
To execute and deliver particular deed
773
To manage real estate
774
To employ agents or servants
775
To receive distributive share of intestates estate
776
To receive dividends
777
To deposit money and draw checks in principals name
778
To receive legacy
779
Provision validating acts of attorney done after death of principal before knowledge thereof has reached attorney
780
Ratification of attorneys acts 6174 To appoint substitutes
781
Revocation of power and appointment of new attorney
782
To apply for mining patent
783
Protest by master for loss or damage to vessel
784
Protest by master of vessel for demurrage under charter party
785
Form of protest of commercial paper 707
787
Form of notice of protest 738
788
TABLE OF CONTENTS PUBLISHERS AND AUTHORS CONTRACTS SECTION PAGE 6185 Contract for sale of manuscript and copyright
789
Publishers contract
790
General release
791
Mutual release of all claims between partnership firm and indi vidual
792
Release of condition
793
General release to debtor under composition
794
Release by owner of vessel to master
795
Release of mechanics liens
796
Partial release of mortgageMichigan form
797
Partial release of mortgagePennsylvania form
798
Release of mortgage or deed of trustWest Virginia form
799
Release of possession by mortgagee without discharge
800
Release of trust
801
Release of land from lien of judgment
802
Release from liability for personal injuriesAnother form
803
Release from liability for personal injuriesAnother form
805
Release from liability for personal injuriesAnother form
806
Release from liability for damages
807
Covenant not to sue
809
REVIVING AND CONFIRMING AGREEMENTS 6220 Debt discharged by bankruptcy
811
To pay debt contracted during infancy
812
Deed of confirmation by wife on attaining twentyone years of set tlement made by her while an infant
813
Confirmation of deed by indorsement
814
RIPARIAN CONTRACTS SECTION PAGE 6225 Contract to divide middle ground in river
815
Quitclaim deed following above contract
816
SERVICE CONTRACTS 6230 Gas service contract
818
Contract to furnish electricity to consumer
820
Electric service contract
822
Contract of a mining company to furnish coal to manufacturer
823
Agistment of cattleAgreement for
824
Agreement to teach school
825
Fire protection contract
826
Contract for steam heating service
827
Contract for telephone message service
829
Contract for garage service
831
Contract for night watch and fire alarm signal
833
Agreement with promoter to obtain subscribers for corporation to be formed
836
To build church
837
To endow professorship in college
838
To endow college
839
For erection of factory
840
TELEGRAPH AND TELEPHONE CONTRACTS 6255 Telegram
842
TelegramAnother form
844
Night letter
846
Day letter
848
Night message
851
License to construct telegraph or telephone lines
852
Residence telephone contract
853
Telephone traffic agreement
854
Exchange subscription contract
857
THEATER AND LYCEUM CONTRACTS 6265 Contract between manager and artist
860
Agreement between theater and company
863
Contract for lyceum entertainments
866
SECTION PAGE 6270 Of undivided share of purchased land
868
Declaration of trust in personal property
870
Declaration of trust in shares of stock
871
Declaration of trust indorsed or annexed to deed of land made to the grantee as nominal purchaser
872
Trust in personal property
873
Voting trust agreement
874
Agreement and declaration of trust establishing real estate com pany
877
UNION LABOR CONTRACT 6281 General form
880
WAREHOUSE CONTRACTS 6285 Warehouse receiptGrain
882
WATER AND WATER SUPPLY 6290 Grant of water power
884
Irrigation contract
885
Contract to make will
887
Agreement to ignore will
889
Agreement not to contest will
890
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