صور الصفحة
PDF
النشر الإلكتروني

14. In B v. M, 50 Ala. 206, an action against the proprietor of a school for the breach of a contract to employ plaintiff as a teacher, defendant may show, in mitigation of damages, that the plaintiff obtained other employment during the time covered by the contract, and received compensation for it.

15. In O v. G, 18 Minn. 429, notwithstanding a note is expressed to be payable without interest, interest is recoverable as damages for the detention of the money after due.

[blocks in formation]

89. Other Points to be Observed. When contracts of importance are made the substance of the conversation should be reduced to writing and signed by the parties, and each should have a copy. Particularly should these directions be followed if the contract is to continue in force for some time, or if it contains many provisions. Remember, however, that while a verbal contract is just as valid as a written one, it is not so easily proved. An oral contract that is disputed or denied must be established by the testimony of witnesses. A written contract is established by its production.

1. Caution. Since it is advisable to reduce important contracts to writing, the rule, "no oral evidence can be admitted to explain, vary, or contradict that which is written," must be kept in mind. The written contract must contain the four principal elements of contracts together with such additional and modifying matter as may be desired. Grammatical error will not affect the validity of the contract. No special form is necessary. State clearly the intention of the parties. The contract must be signed. 2. Short Contract-Merchant and Clerk.

"This agreement made this first day of July, 1913, between E. C. Coe, and James Leffring: Witnesseth that it is agreed that the said E. C. Coe shall faithfully serve the said James Leffring

as a bookkeeper in the store of the said James Leffring for the period of seven months from and after the first day of August, 1913, then the said James Leffring shall pay the said E. C. Coe the sum of seventy-five dollars per month, payable monthly on the last working day of each month of this contract.

Signed in duplicate on the 1st day of July, 1913.

90.

Construction Work.

E. C. Coe.
James Leffring."

Directions.

Supply all necessary names, terms and descriptions not given. The teacher will give amounts and other limiting data.

1. Draw a short contract between A and B, one to sell and the other to buy a team of horses; consideration, $300, in three payments of $100 each, first payment one month after date of sale. Warrant the horses "broken to double harness and sound."

2. Draw an agreement to sell and buy seven articles of personal property.

3. Draw an agreement to sell and buy a piece of land. Describe location of land in general way. Assume a mortgage and agree to furnish an abstract. Also a warranty deed is to be given.

4. A agrees to sell to B the following described property: One horse, “Duke," at $250; one horse, “Walter," at $225; one set double harness at $200; one light buckboard at $175. Draw the agreement once as an entire contract and again as a divisible contract.

5. Draw an agreement (1) in accordance with the first clause of section four of the Statute of Frauds.

6. (2) In accordance with the second clause of section four of the Statute of Frauds. (a) Contract executed. (b) Contract executory.

7. (3) In accordance with the third clause of section four of the Statute of Frauds.

8. (4) In accordance with the fourth clause of section four of the Statute of Frauds.

9. (5) In accordance with the fifth clause of section four of the Statute of Frauds.

10. (6) In accordance with the section of the Statute of Frauds relating to the sale of goods.

91. Hypothetical Problems. 1. A says to B, "I will sell you my horse, Prince, for $100." B replies, "Agreed." Discuss the relationship.

2. A says to B, "I will sell you my horse, Prince, for $100." B replies, "I will give you $95;" or he may say, "I will give you $105." Discuss the relationship.

3. A says to B, "I will sell you my horse, Prince, for $100.” C, a third party, says, "I will take him at that price." Discuss the relationship.

Dis

4. A says to B, "I will sell you my horse, Prince, for $100." B replies, "Agreed, I will pay you the money to-morrow." cuss the relationship.

5. A says to B, "I will sell you my horse, Prince, for $100.” B replies, "I will give you my note at 10 days for $100." Discuss the relationship.

6. As in 5, B then says, "Well, I will take him for $100." Discuss the relationship.

7. A says to B, "I will sell you my horse, Prince, for $100, and you may consider the offer until 2 o'clock to-morrow afternoon." B replies, "Agreed." Discuss the relationship.

8. As in 7, C, knowing of A's offer to B, says to A, “I will take your horse for $100 now." A says, "Agreed." Discuss the relationship of A, B, C.

9. A proposes as in 7, B replies, "Well, here is $2 for your offer." Discuss the relationship.

10. As in 7, C pays the $100 and takes possession of the horse. Discuss the relationship.

11. D writes B September 4th, "I will sell you 1,000 bu. wheat at 50c per bushel. Reply by first mail." The letter will be delivered on the 6th. Discuss the relationship.

12. As in 11, B receives the letter on September 6th and mails acceptance, which will be delivered the 8th. Discuss the relationship.

13. Conditions as in 11 and first part 12, but the letter of acceptance is lost. Discuss the relationship.

14. Conditions as in 11 and 12, but on September 5th B writes and withdraws his offer. Letter delivered September 7th. Discuss the relationship.

15. Conditions as in 11, but on the 5th A telegraphs his withdrawal; the telegram and offer are delivered to B together. B writes and mails acceptance. Discuss the relationship.

16. Conditions as in 11 and 12, but on September 7th B telephones A that he cannot accept his offer of the 4th. Discuss the relationship.

17. A sells a piece of porcelain to B. B thinks it is Coldon ware, while A does not think so. Neither knows what the other thinks. Discuss the relationship of parties.

18. Again as above, B thinks it is Coldon ware, while A knows that it is not Coldon ware and knows that B thinks it is Coldon ware. Discuss the relationship.

19. Again as above, B thinks it is Coldon ware and thinks A intends to sell it as such. A knows it is not Coldon ware, but has no knowledge that B thinks he is selling it as Coldon ware. Discuss the relationship.

20. Again as above, B thinks it is Coldon ware and also thinks that A is selling it as such. A knows these conditions. Discuss the relationship.

21. H, seventeen years of age, buys an automobile of K, an adult, for $2,500, and gives his promissory note in payment for same. Discuss K's rights.

22. As in 21, let H sell an automobile to K and take K's note in payment. Discuss H's rights.

23. May 1, 1898, Long, of Chicago, ordered by cable a quantity of hemp from Lopez, of Manila. Lopez received the cablegram and later Long refused to accept and pay for hemp. Discuss rights of Lopez.

24. K, who has been adjudged insane, purchases from Ga valuable painting for $10,000 and gives his note in payment. Discuss the rights of the parties.

25. A, B and C are liable on a contract. Judgment for the full amount is obtained against C and he pays it. Discuss his rights.

« السابقةمتابعة »