premises to be then in the same condition in which they now are, reasonable use and wear of the buildings thereon alone excepted.

The deed is to be delivered and the consideration paid, at

In witness whereof the said parties hereto, and to another instrument of like tenor, set their hands and seals on the day and year first above written. In presence of

(20.)

Agreement for Sale of Real Estate Subject to Mortgage and Leases. Agreement made this A. D. 19, between of of the sec

ond part.

of

day of

of the first part, and

The party of the first part hereby agrees to sell, and the party of the second part to purchase, a certain estate situated follows:

and bounded as Said premises are to be conveyed on or before

by a good and sufficient warranty (or quitclaim) deed of the party of the first part conveying a good and clear title to the same free from all incumbrances, except a certain mortgage for the sum of

on which

dollars, dated and recorded dollars of the principal remains unpaid, (if purchaser is to assume the mortgage add) which the said agree to assume and pay as a part of the consideration for this conveyance; and outstanding leases to the present tenants, viz: and for such deed and conveyance the party of the second part is to pay the sum of dollars in addition to the amount of said mortgage, of which dollars have been paid this day, and the remaining sum of dollars is to be paid in cash upon the delivery of said deed. Full possession of the said premises, free of all tenants except as aforesaid, is to be delivered to the party of the second part at the time of the delivery of the deed, the said premises to be then in the same condition in which they now are, reasonable use and wear of the buildings thereon, and damage by fire or other unavoidable casualty excepted.

The buildings on said premises shall, until the full performance of this agreement, be kept insured in the sum of dollars by the party of the first part, in offices satisfactory to the party of the second part, and, in case of any loss, all sums recovered or recoverable on account of said insurance shall be paid over or assigned, on delivery of the deed, to the party of the second part, unless the premises shall previously have been restored to their former condition by the party of the first part.

Rents and mortgage interest shall be apportioned as of the day of the delivery of the deed, and the taxes assessed for the year 19, shall be paid by Policies of insurance shall be assigned to the said

if he so request, unearned premiums to be apportioned as above.

The deed is to be delivered and the consideration paid, at the Registry of Deeds in which the deed should by law be recorded, at twelve o'clock, noon, of the — day of—————————— 19—, unless the parties hereto agree in writing to some other time and place.

If the party of the first part shall be unable to give title or to make conveyance as above stipulated, any payments made under this agreement shall

be refunded, and all other obligations of either party hereunto shall cease, but the acceptance of a deed and possession by the party of the second part shall be deemed to be a full performance and discharge hereof.

wife of the said

In consideration of the above, hereby agrees to join in the deed to be made as aforesaid, and to release to the party of the second part all right of dower and homestead in the said premises.

It is understood that a broker's commission of said sale is to be paid to

per cent. on the

by the said party of the first part. In witness whereof the said parties hereto, and to another instrument of like tenor, set their hands and seals on the day and year first above written. In presence of

Extension.

The time for the performance of the foregoing agreement is extended until

Witness our hands and seals this

19_.

day of

(21.)

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

as a de

posit, and in part payment of the purchase-money; and I hereby agree that the vendor shall in all respects fulfil the conditions of sale, a copy of which is hereto annexed.

Witness my hand,

(22.)

(Signatures.) (Seals.)

An Agreement to Be Signed by the Purchaser, after a Sale by

Auction.

I Hereby Acknowledge, That I have this day purchased by public auction all that (describe the estate) for the sum of

the sum of

; and have paid into as a deposit and in part payment

the hands of of the said purchase-money; and I hereby agree to pay the remaining sum unto (the vendor) at

of

on or before the

day of

; and in all other respects, on my part, to fulfil the annexed con. ditions of sale.

Witness my hand this

day of

(23.)

(Signatures.) (Seals.)

An Agreement to Make an Assignment of a Lease.

Whereas, demised unto

(the lessor) hath by his deed indented, dated
(the lessee) all that:

to have and to hold to

him the said
more fully appears:

his heirs and assigns as by the said deed indented Now the said for and in consideration of dollars, doth hereby for himself, (his heirs, &c.) covenant,

before the

that he the said day of shall and will, at the costs and charges of (the assignee), his (heirs, &c.) by deed indented, assure, assign, and grant over to the said (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.

(Signatures.) (Seals.)

(24.)

Agreement for Damages in Laying Out or Altering Road.

Whereas, A road was laid out on the 19_, by

day of

A. D. Commissioners of Highways of the Town of and State of on the application as follows, commencing which road passes through the being known and described as follows, viz:

and

in the County of

of

land of

Now, therefore, it is hereby agreed between the said Commissioners and the said that the damages sustained by the said

by reason of the laying out and opening said road upon his land, herein before described, be liquidated and agreed upon at

dollars.

In Witness Whereof, The said Commissioners and the said hereunto subscribed their names this

have

(Signatures.)

day of

A. D. 19. Commissioners of Highways.

(25.)

An Agreement between a Person Who Is Retiring from the Active Part of a Business, and Another Who Is to Conduct the Same for Their Mutual Benefit.

of

Articles of Agreement, Made, entered into, and concluded upon, this day of —————— A. D. 19—, between of of the one part, and of the other part: Whereas the said hath conducted and managed for some time past the trade or business of the said and in consideration of the attention and assiduity of the said thereunto, the said is willing to continue the said

in the management thereof under the covenants, restrictions, and agreements hereinafter contained; and in consequence thereof, an inventory and appraisement hath been made and taken of the stock, and entered in two receiptbooks, one of which is to remain in the custody of each of them, the said parties to these presents, and is subscribed by both of them, and the value of the said stock in the whole, appears to the amount of the sum of ——: Now these presents witness, that for and in consideration of the covenants and agreements hereinafter contained on the part of the said to be

performed, the said for himself, his executors, and administrators, doth hereby covenant, promise, and agree, to and with the said that it shall and may be lawful to and for the said time, during the term of

from time to

years, to be computed from the day of and

the date of these presents, if they the said shall jointly so long live, to trade with the said stock, and to manage and improve the same, in such manner as to the said under the direction of the said shall seem meet, upon trust nevertheless, and to the intent and purpose that the said shall and do, by and out of the money which shall arise by sale of any part or parts of the said stock, buy such goods as shall be requisite to keep up and continue the present quality and value thereof, and by and out of the profits which shall arise from the trade and dealing, in the first place yearly and every year, pay the whole rent of the said house and shop, and pay and discharge all taxes which now are, or shall hereafter be, assessed or imposed on him the said or the said on account of the said house and trade, and in the next place to pay to him the said or his assigns, every year during the said term of

— years, if they the said

shall so long live, one clear annuity or yearly sum of

by equal half yearly payments, on the the

day of

and

and

day of without any deduction or abatement whatsoever, and subject thereto, to retain the residue and overplus of the profits which shall arise from his trade and dealing, to and for his own sole use and benefit, as a recompense and satisfaction for his care and trouble in the sale and management of the said stock. And the said in consideration of the premises, and of the covenant and agreement hereinbefore on the part of the said contained, doth for himself, his executors, and administrators, covenant, declare, and agree, that he the said shall and will from time to time, and at all times, for and

— years, if they the said

during the said term of and shall so long jointly live, diligently apply himself to the care and management of the said stock, trade, and business, according to his best skill, abilities, and discretion, and apply and dispose of the money which shall arise from the sale thereof, and all the profits of his trade and dealings, to answer and discharge the trusts hereby reposed in him, in such manner as herein before is directed, declared, or expressed. And also shall and will write true and perfect entries, in proper books of accounts, of all such goods as shall be sold, and of all moneys which shall be paid and received by him, and permit the same, from time to time, to be inspected by him the said or such other person or persons as he shall appoint. And further, that he the said shall not nor will, at any time during the continuance of the said term of years, buy or sell, or in anywise trade or deal in his own name, but in the name only of him the said upon the trusts aforesaid; nor do any act whatsoever, whereby the said stock, or any part thereof, may be attached, or taken in execution. also that on the next, and so at every succeeding years, or oftener,

day of

day of
during the said term of

if thereto required by the said

he the said

And

shall and will

take a full account in writing of the said stock, then remaining in the said trade, and of the profits thereof, and within ten days thereafter deliver the same to the said in order to manifest to him a true state thereof, and of his proceedings in the trade by him carried on therewith. And at the expiration, or other sooner determination, of the said term of years, he the said his executors or administrators, shall and will deliver up to him the said his executors or administrators, the stock then remaining for his or their own use and benefit, to the value of the sum of losses by bad debts, decay of goods, and other inevitable

The said

covenants and agrees to and with the said

to make, erect, build, and finish, in a good, substantial, and workmanlike manner, and of good and substantial material, a dwelling house (or other building) upon a certain lot of land belonging to said street in said said house to be built agreeably to

situate on

the draught, plans, explanations, or specifications, prepared by and to be finished complete on or before the

day of

And

said

covenants and agrees to pay to said dollars as follows:

lien, is to be furnished by said

for the same Security against mechanics', or other prior to the final payment by said

and

And for the performance of all and every the articles and agreements above mentioned, the said do hereby bind themselves, their heirs, executors, and administrators, each to the other, in the penal dollars, firmly by these presents.

sum of

and

In Witness Whereof, We, the said set our hands the day and year first above written.

Executed and Delivered in Presence of

have hereunto

(Signatures.) (Seals.)

Contracts for building are among those most frequently made, and also among those which require the utmost care. A specification stating and describing all the things which the parties desire and intend to have done should always accompany the contract. It is very difficult for persons not accustomed to the