ARTICLES OF AGREEMENT

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ARTICLES OF AGREEMENT


ARTICLES OF AGREEMENT, contracts. Relate either to real or personal estate, or to both. An article is a memorandum or minute of an agreement, reduced towriting to make some future disposition or modification of property; andsuch an instrument will create a trust or equitable estate, of which aspecific performance will be decreed in chancery. Cruise on Real Pr. tit. 32c. 1, s. 31. And see Id. tit. 12, c. 1. 2. This instrument should contain: 1, the name and character of theparties; 2, the subject-matter of the contracts; 3, the covenants which eachof the parties bind themselves to perform; 4, the date; 5, the signatures ofthe parties. 3.-1. The parties should be named, and their addition should also bementioned, in order to identify them. It should also be stated which personsare of the first, second, or other part. A confusion, in this respect, mayoccasion difficulties. 4.-2. The subject-matter of the contract ought to be set out in clearand explicit language, and the time and place of the performance of theagreement ought to be mentioned and, when goods are to be delivered, itought to be provided at whose expense they shall be removed, for there is adifference in the delivery of light and bulky articles. The seller of bulkyarticles is not in general bound to deliver them unless he agrees to do so.5 S. & R. 19 12 Mass. 300; 4 Shepl. 49. 5.-3. The covenants to be performed by each party should be speciallyand correctly stated, as a mistake in this respect leads to difficultieswhich might have been obviated had they been properly drawn. 6.-4. The instrument should be truly dated. 7.-5. It should be signed by the parties or their agents. When signedby an agent he should state his authority, and sign his principal's name,and then his own, as, A B, by his agent or attorney C D.

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