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an express or tacit approval. Generally, as we have seen, if A does or makes what B did not order or request, B can refuse to accept it, and, if he refuses, will not then be held to pay for it. But if he accepts it, he must pay for it. This consequence results, however, only from a voluntary acceptance. For if A choose, without any request from B, to add something to B's house, or make some alteration in it, which being done cannot be undone or taken away without detriment to the house, B may hold it, and yet not be liable to pay for it; and A has no right to take it away, unless he can do so without inflicting any injury whatever on B. This rule would apply whether the addition or alteration were larger or smaller.
It is sometimes provided in building contracts that B shall pay for no alteration or addition, unless previously ordered by him in writing. But if there be such provision, B would be liable for any alteration or addition he ordered in any way, or voluntarily accepted after it was made, when he could have rejected it.
So it is sometimes agreed that any additions or alterations shall be paid for at the same rate as the work contracted for. The law would imply this agreement if the parties did not make it expressly.
BONDS. A BARGAIN where both parties make promises, and como under obligations, each to the other, may be made without seal, and would then be called an Agreement. If made under seal, it would generally be in the form of, and bear the name of, an Indenture. If a promise by one only, is made in writing, with out a seal, it is a simple promise ; but if it be made with a seal, then it would generally be in the form of, and bear the name of, a Bond.
The essentials of a bond are only that one party should acknowledge himself "held, bound, and obliged" unto another party, to pay to him a sum of money; and neither of the words
"held," or "bound,” or “obliged,” are strictly necessary, al. though usual and proper: other words of the same meaning will have the same effect. In such a bond, the party bound is called the obligor, and the party to whom he is bound is called the obligee. The sum for which the obligor is bound is called the penal sum, or the penalty. Such a bond is simply an obligation to pay so much money. But a bond is not often given only for this purpose. It is usually intended to be, in fact, an obligation to do something else, on the penalty of paying so much money if it be not done. This something else may be anything whatever which the obligor may contract to do. All this is contained in an addition, which is written on the same paper immediately after the bond itself; that is, after the words of obligation. And this is called the “Condition" of the bond. It begins with saying, This bond is on the condition following; and then recites the things which the obligor has undertaken to do; and then adds, that if all these things are fully done and performed, then the bond shall be void and of no effect, and otherwise shall remain in full force.
The meaning and effect of all this is, that if the obligor fails, in any respect, to do what the condition recites, then he is bound to pay the money he acknowledges himself, in the bond, bound to pay. But now the law comes in to mitigate the severity of this contract. And whatever be the sum which the obligor acknowledges himself, in the bond, bound to pay, he is held by che courts to pay to the obligee only that amount which will be a complete indemnification to him for the damage he has sustained by the failure of the obligor to do what the condition recites For example: suppose A B makes a bond to C D, acknowl
a edging himself bound to C D in the sum of ten thousand dollars. The condition recites that one E F has been hired by C D as his clerk, and that A B guarantees the good conduct of EF; and if E F does all his duty honestly and faithfully, ther, the bond is void, and otherwise remains in full force. Then suppose E F to cheat C D out of some money. A B is sued on , the bond ; C D cannot recover from him, in any event, more
than the ten thousand dollars; and he will in fact recover from him only so much of this as will make good to C D all the loss he has sustained by E F's misconduct. As the obligee can recover from the obligor only actual compensation for what he loses, it is usual, in practice, to make the penal sum in the bond large enough to cover all the loss that can happen.
There need be no “consideration,” alleged or asserted in the bond, or proved, because, in the language of the law, the seal is (or implies) a consideration.
The following forms are those of bonds frequently given; and it will be easy to frame from some one of them any
bond that is wanted for other purposes.
(25.) A Simple Bond, without Condition. Know all Men by these Presents, That I
(the obligor) an held and firmly bound unto
(the obligee) in the sum of lawful money of the United States of America, to be paid to the said or his certain attorney,
or assigns: to which payment well and truly to be made, I bind myself, my heirs, executors, and administrators,
firmly by these presents.
have set my hand and
in the year
In Testimony Whereof, I seal to this instrument, on the of our Lord nineteen hundred and
(Witnesses.) Executed and Delivered in Presence of
(26.) Bond for Payment of Money, with a Condition to that
Effect, with Power of Attorney to confess Judgment annexed. Know all Men by these Presents, That
held and firmly bound unto
in the sum of lawful money of the United States of America, to be paid to the said
or his certain attorney, executors, administrators, or assigns : to which payment well and truly to be made,
heirs, executors, and administrators,
firmly by these presents. Scaled with seal Dated the
day of in the year of our Lord one thousand nine hundred and
The Condition of this Obligation is such, That if the above bounden
heirs, executors, administrators, or any of them shall and do well and truly pay, or cause to be paid, unto the above-named
certain attorney, executors, administrators, or assigns, the just sum of dollars, without any fraud or further delay, then the above obligation to be void, or else to be and remain in full force and virtue.
(Signature.) (Seal.) Sealed and Delivered in the Presence of T.
, Esq., Attorney of the Court of Common Pleas, at in the County of in the State of
or to any aher Attorney of the said Court, or of any other Court, there or elsewhere. Whereas,
(the obligor) in and by a certain obligation bearing even date herewith, do stand bound unto
(the obligec) in the sum of
lawful money of the United States of Amer. ica, conditioned for the payment of
These are to desire and authorize you, or any of you, to appear for
heirs, executors, or administrators, in the said court or elsewhere, in an action of debt, there or elsewhere brought, or to be brought, against me, or my heirs, executors, or administrators, at the suit of the said (the obligee) executors, administrators, or assigns, on the said obligation, as of any term or time past, present, or any other subsequent term or time there or elsewhere to be held, and confess judgment thereupon against me, or my heirs, executors, or administrators, for the sum of lawful money of the United States of America, debt, besides costs of suit, in such manner as to you shall seem meet: and for your, or any of your so doing, this shall be your sufficient warrant. And I do hereby for myself, and for my heirs, executors, and administrators, remise, release, and forever quit claim into the said
(the obligee) or his certain attorney, executors, administrators, and assigns, all and all manner of error and errors, mispris. ions, misentries, defects, and imperfections whatever, in the entering of tho said judgment, or any process or proceedings thereon or thereto, or anywise touching or concerning the same. In Witness Whereof,
have hereunto set
hand and seal , the
, in the
of our Lord one thousand nine hundred and
(Signature.) (Seal.) Sealed and Delivered in the Presence of
(27.) Bond for Conveyance of a Parcel of Land. Know all Men by these Presents, That we, as principals, and
as sureties, are holden and stand
firmly bound unto
in the sum of dollars, to the payment of which to the said
or executors, administrators, or assigns, we hereby jointly and severally bind ourselves, our heirs, executors, and administrators.
The Condition of this obligation is such that whereas the said obligors have agreed to sell and convey unto the said obligee a certain parcel of real estate situated
and bounded as follows, namely:
The same to be conveyed by a good and sufficient (warranty or other! deed of the said obligors, conveying a good and clear title to the same, free from all incumbrances.
And whereas, for such deed and conveyance it is agreed that the said obligee shall pay the sum of
dollars, of which dollars are to be paid in cash upon the delivery of said deed, and the remainder by the
note of the said obligee, bearing interest at
per cent. per annum, payable semi-annually, and secured by a
mortgage in the usual form upon the said premises, such note to be
(describe the note) Now, therefore, if the said obligors shall upon tender by the said obligee of the aforesaid cash, note , and mortgage at any time within from this date, deliver unto the said obligee a good and sufficient deed as aforesaid, then this obligation shall be void, otherwise it shall be and remain in full force and virtue. In Witness Whereof, We hereunto set our hands and seals this
day of Signed and Sealed in Presence of
(28.) Bond for a Deed of Land, with Acknowledgment before
Notary Public. Know all Men by these Presents, That of the County of and State of
held and firmly bound to
in the sum of dollars, to be paid to said
his executors, administrators, or assigns, to the payment whereof bind sel
heirs, executors, and administrators, firmly by these presents, sealed with seal, and dated the
The Condition of this Obligation is, That if
the said upon payment of
dollars, and interest, by said
from this date, agreeably to
note of even date herewith, shall convey to said
and heirs forever, a certain tract of land, situated in the County of
and State of