and agree to and with the said JOHN DOE, that [here insert the agreement on the part of Richard Roe]. † In witness whereof, we have hereunto set our hands and seals, the day and year first above written. Signed, sealed, and deliv ered, in presence of JOHN SMITH, JAMES SHORt. JOHN DOE (seal). [ When required, this clause may be inserted:] And it is further agreed between the parties hereto, that the party that shall fail to perform this agreement on his part, will pay to the other the full sum of fifty dollars, as liquidated, fixed, and settled damages.‡ No. 2.-Agreement for the Sale and Delivery of Personal Property. This Agreement, made this first day of July, one thousand eight hundred and fifty, between JOHN DOE, of the village of New Albany, in the county of Floyd, and state of Indiana, of the first part, and RICHARD ROE, of the city of Buffalo, in the county of Erie, and state of New York, of the second part Witnesseth, that the said JoHN DOE, in consideration of the covenants on the part of the said RICHARD ROE, doth covenant to and with the said RICHARD ROE, that he will deliver to the said RICHARD ROE, at his storehouse in New Albany aforesaid, one thousand bushels of wheat, of good merchantable quality, on or before the first day of September next. And the said RICHARD ROE, in consideration of the covemants on the part of the said JOHN DOE, doth covenant and agree to and with the said JoHN DOE, that he will pay to the said JOHN DOE at the rate of one dollar for each bushel of wheat so delivered, immediately on the completion of the delivery thereof. † This form of witnessing and signing may be adopted in every legal instru ment, except where a different form is particularly given or directed to be used. When it is desired to fix the damages for the violation of the contract, this clause may be inserted before the witnessing clause. It has the advantage of making certain the amount of damages to be paid, instead of leaving it to be settled by a suit at law, or an agreement between the parties, after the contract has been violated. In witness whereof, the said parties have hereunto set their hands and seals the day and year first above written. Signed, sealed, and deliv ered, in presence of JOHN SMITH, JAMES SHORT. JOHN DOE (seal). The foregoing form can be used for any description of personal property. No. 3.-Agreement for Building. Contract for Building, made the tenth day of July, one thousand eight hundred and fifty, by and between JOHN DOE, of Brooklyn, in the county of Kings, and state of New York, of the first part, and RICHARD ROE, of New York, in the county of New York, and state of New York, of the second part, in these words: the said party of the second part covenants and agrees to and with the said party of the first part, to make, erect, build, and finish, in a good, substantial, and workmanlike manner, a three-story brick dwelling-house, on the lot of land situated [here insert description of lot], agreeable to the draught, plan, and explanation, hereto annexed, of good and substantial materials, by the first day of January next. And the said party of the first part covenants and agrees to pay unto the said party of the second part, for the same, the sum of two thousand dollars lawful money of the United States, as follows: the sum of one thousand dollars when the building is enclosed and the roof put on, and the remaining one thousand dollars when the building is completed. And for the true and faithful performance of all and every of the covenants and agreements above mentioned, the parties to these presents covenant and agree, each with the other, that the sum of one thousand dollars, as fixed, settled, and liquidated damages, shall be paid to the other by the failing party. In witness whereof, &c. [as in No. 1]. * The draughts and explanations should be all signed by the parties to the agreement, in order that they may be identified. No. 4.-Agreement for the Sale of Land. Articles of Agreement, made the fifth day of March, one thousand eight hundred and fifty, between JOHN DOE, of Rochester, in the county of Monroe, and state of New York, of the first part, and RICHARD ROE, of Newburgh, in the county of Orange, and state of New York, of the second part, witnesseth, that the said party of the first part, for and in consideration of the sum of fifty dollars, to him in hand paid, has contracted and agreed to sell to the said party of the second part, all that certain piece or parcel of land, situate in the town of Newburgh, in Orange county, and state of New York, and which is bounded and described as follows, to wit: be ginning at, &c. [here insert description of the land].* And the said party of the first part agrees to execute and deliver to the said party of the second part a warranty deed, for the said land: Provided, and upon condition nevertheless, that the said party of the second part, his heirs or assigns, pay to the said party of the first part, his heirs or assigns, for the same land, the sum of five hundred dollars lawful money of the United States of America, payable as follows: the sum of two hundred and fifty dollars on the first day of June next, and the further and remaining sum of two hundred and fifty dollars on the first day of August in the year one thousand eight hundred and fifty-two, together with lawful interest on the same, from the date hereof: And the said party of the second part, for himself, his heirs, executors, and administrators, doth covenant and agree, to and with the said party of the first part, his heirs and assigns, that the said party of the second part will pay the said several sums as they severally become due, with the interest thereon, without deduction of any taxes or assessments whatever. And it is further agreed between the parties to these presents, that if default be made in fulfilling this agreement, or any part thereof, on the part of the said party of the second part, then, and in such case, the said party of the first part, his heirs and assigns, shall be at liberty to consider this contract as forfeited and annulled, and to dispose of the said land to any other person, in the same manner as if this contract had never been made. In witness whereof, &e. [as in No. 1]. * In describing land, buildings, &c., care should be had to make the descrip. tion as complete as possible, so as to be readily identified on examination. No. 5.-Agreement for the Hiring of a Clerk or Workman. This Agreement, &c. [as in No. 1 to the * ]— Witnesseth, that the said JOHN DOE has agreed to enter the service of the said RICHARD ROE as clerk [or journeyman], and covenants and agrees, to and with the said RICHARD KOE, that he will faithfully, honestly, and diligently, apply himself and perform the duties of a clerk [or journeyman] in the store [or shop] of the said RICHARD ROE, and faithfully obey all the reasonable wishes and commands of the said RICHARD ROE, for and during the space of one year from the first day of December next, for the compensation of five hundred dollars per annum, payable quarterly. And the said RICHARD ROE covenants with the said JoHN DoE, that he will receive him as his clerk [or journeyman] for the term of one year aforesaid, and will pay him for his services as such clerk [or journeyman] the sum of five hundred dollars annually, in quarter yearly payments. In witness whereof, &c. [as in No. 1]. No. 6.-Agreement for making and delivering Boots. This Agreement, &c. [as in No. 1 to * Witnesseth, that the said JoHN DOE, in consideration of the covenants on the part of the party of the second part, to be performed, doth covenant and agree, to and with the said RICHARD ROE, that he will, within [here insert the time] from the date hereof, make and deliver to the said RICHARD ROE, ten thousand pairs of boots, made from calfskin, of the first quality, and of the following sizes [here insert sizes). And the said RICHARD ROE Covenants to pay to the said JOHN DOE two dollars for each pair upon the completion of the delivery of the said ten thousand pairs, if the same are delivered within [insert the time agreed upon from the date hereof as aforesaid. In witness whereof, &c. [as in No. 1]. No. 7.-Agreement for making Flour-Barrels. Witnesseth, that JOHN DOE, in consideration of the agreement on the part of RICHARD ROE, to be performed, covenants with the said RICHARD ROE, that he will make and deliver to the said RICHARD ROE, during the term of one year next ensuing from the date hereof, one thousand merchantable flourbarrels in each week, said flour-barrels to be made of good, hard, well-seasoned white-oak stuff, and the hoops to be of black ash. And the said RICHARD ROE, in consideration thereof, agrees to pay to the said JOHN DOE at the rate of twenty cents for each barrel, such payment to be made on each thousand barrels immediately on the delivery thereof, until the whole quantity is made and delivered.* In witness whereof, &c. [as in No. 1]. No. 8.-Agreement to sell and deliver Cord-Wood. This Agreement, &c. [as in No. 1 to the *]. Witnesseth, that the said JOHN DOE agrees to sell to the said RICHARD ROE one thousand cords of wood, all of it to be well seasoned, and to be of beech and maple only, and to deliver the same, securely corded, at the factory of the said RICHARD ROE in the town aforesaid, for the price of two dollars per cord, on the first day of June next. And the said RICHARD ROE, in consideration thereof, agrees to pay to the said Jonn Doe, for the said wood, at the rate of two dollars for each cord of wood, immediately upon the completion of the delivery thereof. In witness whereof, &c. [as in No. 1]. No. 9.-Agreement to sell Shares of Stock. This Agreement, &c. [as in No. 1 to * ]- Witnesseth, that, in consideration of the agreement of RICHARD ROE, hereinafter contained, the said JOHN DOE agrees to sell, transfer, and convey, to the said RICHARD ROE, * The time and rate of payment may be altered to correspond with the special agreement between the parties. |