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TO THIS SIXTH EDITION.

F SOME of the Forms in this Edition are amended; and where sums of money are mentioned, they are expressed in Dollars, &c. the present money of the United States.

THE

American Clerk's Magazine.

OF ARTICLES OF AGREEMENT OR CONTRACTS.

*A N agreement is the mutual consent of parties, or joining together of two or more minds, in anything done, or to be done. A contraćt is a bargain between two persons, where one thing is given for another, which is called $2:tid pro quo ; and if there be no one thing for another, or some confideration, it is a nude contračt, or void in law. An agreement without satisfaction is as nothing ; and a forced agreement of the party is accounted no agreement. Sum. Law, Eng. Articles of agreement are used for ascertaining what is mutually agreed upon by the parties thereto, either in respect to the sale of estates, performance of work, servi, e, or any other thing contraćted to be done, in consideration of money, wares, &c. And here it is always safest either to have separate bonds in sufficient penalties, or an obligatory penal clause insented in the body of those articles, for the true performance of what is therein contračted. No action can be brought, whereby to charge any person upon any agreement made upon consideration of marriage, or upon any agreement that is not to be performed within the fpace of one year from the making thos, unless such agree

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Articles of Agreement between an Attorney and his Clerk. *

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