upon, as the liquidated amount of damages to be paid by the party so failing as aforesaid, for non-performance. Signed, Sealed, and Delivered in Presence of (13.) (Signatures.) (Seals.) An Agreement for the Purchase of an Estate, in Use in New England. Articles of Agreement, Had, made, concluded, and agreed upon this of the one A.D. between of day of part, and of consideration of the sum of before the sealing and delivery of these presents, and of the further sum of to be paid as hereinafter is mentioned, doth hereby for himself, his heirs, executors, and administrators, and every of them, covenant, promise, and agree, to and with the said his heirs, executors, and adminis of the other part. First, the said (seller) in to him paid by the said (buyer) at or his trators, and every of them, by these presents, that he the said beirs and assigns (and all and every other person and persons whatsoever, claiming or to claim any right, title, or interest under him, or any other verson or persons whatsoever, of, in, or to the lands and premises hereinafter mentioned) shall and will, at the proper costs and charges of the said his heirs and assigns (except fees to day of next ensuing, by such con. counsel), on or before the veyances, assurances, ways and means in the law, as he the said his heirs and assigns, or his or their counsel, shall reasonably devise, advise, or require, well and sufficiently grant, sell, release, convey, and assure to the said and his heirs, or to whom he or they shall situate now in the tenure or occupation appoint or direct, all that of or his assigns, with covenants to be therein contained, that the said premises, at the time of such conveyance, are free from all incum. brances and demands whatsoever (except ) and all other usual an In consideration whereof, the said for himsel, his heirs, executors, and his heirs, executors, reasonable covenants. his heirs, executors, administrators, and assigns, doth hereby covenant, promise, and agree, to and with the said administrators, by these presents, that he the said or administrators, or some of them, shall and will, well and truly, pay, or cause to be paid, unto the said his heirs, executors, or administrators, the aforesaid sum of at the time of executing the said conveyances. And for the true performance of all and every the covenants and agreements aforesaid, each of the said parties to these presents doth hereby bind himself, his heirs, executors, and administrators to the other of them, his heirs, executors, administrators, and assigns in the penal sum of In Witness Whereof, The said parties to these presents have here unto set their hands and seals the day and year first above written. (Signatures.) (Seals.) Signed, Sealed, and Delivered in Presence of An agreement for the sale of lands should always state the covenants, whether of general or special warranty, which it is intended that the contemplated conveyance shall contain. Covenants, Provisos, and Agreements, which may be 1. Covenant that the vendor, before the purchase is completed, shall not commit waste, or grant any new leases. And also that the said (the seller) shall not nor will, in the mean time, cut down any timber or trees, or commit any waste or spoil whatsoever, in or upon the premises, or any part thereof, nor shall or will grant any new leases of the premises, or any part thereof, without the privity or consent of the said (the buyer) or his heirs or assigns. 2. Another covenant for the payment of the purchase-money. unto And the said (the buyer) doth hereby covenant and agree to and with the said (the seller) his heirs, executors, and administrators, that upon sealing and executing such conveyance and assurance of the said him and them as aforesaid, according to the true intent of these presents, he the said his heirs, executors, or administrators, shall and will pay, his heirs, executors, or adminisin full for the purchase of the said premises. or cause to be paid, unto the said trators, the said sum of (Or there may be an agreement to retain part of the purchase-money to pay off an incumbrance, as follows: And it is agreed between the said parties that the said may retain out of the said purchase-money the sum of of paying off the sum of premises, given by the said shall or for the purpose when the said sum shall become due by virtue of the said mortgage. 3. This agreement may be inserted: And it is agreed, that if the counsel of the said of the title of the said void. shall not approve to the said premises, this agreement shall be 4. This proviso may be inserted: Provided always, and it is hereby mutually covenanted and agreed, by and between the parties to these presents, for themselves and their respective heirs, in manner as follows, viz: That in case the counsel of the said (the buyer) shall not approve of the title of him the said (the seller) to the said or in case (the buyer) on his view thereof (he not having ever viewed the same) will not proceed in the purchase thereof, and shall and do, within one month next after the date hereof, give notice, in writing, to the said ) that he will not purchase the said (or to of then and in either of the cases, these presents shall be absolutely void; and that then he the said (the seller) his heirs, executors, or administrators, shall and will, within six months now next ensuing, well and truly repay, or cause to be repaid unto the said (the buyer) his heirs, executors, administrators, or assigns, the said sum of so by him now paid as aforesaid, together with legal interest for the same, from henceforth to be computed until payment thereof. 5. A provision in articles of purchase, in case of the delay or default of either party. that if by reason of any delay, neglect, or default, by or on the part of the said (the purchaser) or his heirs, or his or their counsel or agents, the said conveyances of the said estates and premises shall not be ready and tendered to the said (the vendor) or his heirs, to be executed, on or before the said case, the said his his day of then and in such shall and will pay and allow to the said interest for the said sum of day of at the rate of until the said (the to be computed from the principal sum) shall be paid as aforesaid; but if, by reason of any delay, neglect or default, by or on the part of the said or any claiming under him, such conveyances as aforesaid shall not be executed on or before the said then and in such case, no such interest as aforesaid shall be paid or allowed during the time of such delay of the said day of 6. An agreement that if a good title, &c., cannot be made on, &c., the premises shall stand as security for the money paid down, &c. day of It is hereby further agreed and declared by and between all the said parties to these presents, and particularly the said (the vendors) do hereby agree and declare, that in case they cannot make out a good title to, and execute and perfect such conveyances and assurances of the premises as aforesaid on or before the now next ensuing, they and every part thereof, shall remain and be a security to (the purchaser) for securing to him, his the repaynow by him paid as aforesaid, at or upon now next ensuing, together with interest from henceforth in the meantime and the said the said ment of the said sum of the said day of for the same after the rate of until payment thereof, which interest in such case they the said (the purchasers) do hereby for themselves, severally and respectively, and for their several and respective heirs, promise and agree to pay accord as he the said ingly, and then, also, in such case all such rents, (the purchaser) shall have received, by or out of the premises as aforesaid, shall be deemed and allowed by him in part of payment of the same (the principal purchase-money) and interest. 7. That if the other parties do not perform their covenants, the purchaser shall not be obliged to perform his. And it is mutually agreed and declared to be the true intent and meaning of these presents, that if it shall happen that any of them the said their heirs, shall neglect to perform his or their parts of the covenants and agreements herein contained, that then, and in any such case, the said his heirs, executors, and administrators, or any of them, shall not be hereby obliged to perform his and their covenants herein contained, or any of them, but shall, if he shall think fit, be absolutely discharged from the same. (14.) Agreement for the Sale of an Estate by Private Contract, Articles of Agreement, Made this between of and The said agrees to sell the said appurtenances, for the sum of and will, on or before the day of next, on the receipt of the said sum of at the charges of the said execute a proper conveyance thereof, with a covenant of general warranty and against incumbrances, to the said heirs and assigns. And the said and his agrees, that, on the execution of such conveyance, or his assigns. he will pay the said sum of to the said And it is further agreed, that the conveyance shall be prepared by and at to the approbation of the respective the expense of the said counsel of the said in respect of the premises in the meantime shall be paid by the said And it is agreed, that the said of the premises, from shall receive the rents and profits next, to his proper use. And it is agreed, that if the said conveyance shall not be executed, and the purchase-money paid on or before the day of then the said shall pay interest for the same from the same day, unto the said after the rate of per cent. per annum. In Witness Whereof, (Signatures.) (Seals.) (15.) An Agreement to be signed by an Auctioneer, after a Sale by Auction. I Hereby Acknowledge, That has been this day declared the highest bidder and purchaser of (describe the real estate) at the sum of ; and that he has paid into my hands the sum of deposit, and in part payment of the purchase-money; and I hereby agree that the vendor shall in all respects fulfil the conditions of sale.* as a Witness my hand, (Signatures.) (Seals.) It would be well to have the conditions of sale annexed, and refer to them by saying here unto annexed. (16.) An Agreement to be signed by the Purchaser, after a Sale by Auction. I Hereby Acknowledgo, That I have this day purchased by public auction all that (describe the estate) for the sum of ; and have paid as a deposit and in on or part payment of the said purchase-money; and I hereby agree to pay the remaining sum of unto (the vendor) at ; and in all other respects, on my before the day of Witness my hand this day of (Signatures.) (Seals.) (17.) An Agreement to make an Assignment of a Lease. Whereas, (the lessor) hath by his deed indented, dated demised unto the said hold to him the said (the lessee) all that to have and to (reciting the lease) as by the Covenant, said deed indented more fully appears: Now the said for and in (his heirs, &c.) before the day of (the assignee), shall and will, at the costs and charges of his (heirs, &c.) by deed indented, assure, assign, and grant over to the said his (his heirs, &c.) the said (the premises) and all his estate, right, title, and demand therein: To have and to hold to the said (the assignee) his (heirs, &c.) during the residue of the said term of years, then to come, of, in, and to the same, by virtue of the said recited indenture, and under the rents, covenants, and agreements therein specified. (the manufacturer) for the consideration hereinafter mentioned, doth covenant that he will, at his own charge, make for the said (describe the articles to be made) of the same quality of materials and goodness, as, and in all other respects according to a pattern agreed between the said parties, deliver the same to the said |