left on the understanding that it will be carried into effect in the same manner as if embodied in the agreement. If the negotiation is carried on by letters, it should be so done that the terms proposed in the letters may be construed as treaty only, and not as an actual contract, until the whole terms are finally arranged and concluded. Without this precaution, a contract may be established through the medium of letters only, although the writer may not have so intended, but have looked for the execution of a more formal agreement. Some important terms, which ought to have formed part of the agreement, may not be contained in the letters, but that will make no difference. FORMS. 48. AGREEMENT for the SALE of a FREEHOLD ESTATE. ARTICLES OF AGREEMENT entered into this , day of 18 between (vendor,) of, &c., for himself, his heirs, executors, and administrators, of the one part, and (purchaser,) of, &c., for himself, his heirs, executors, and administrators, of the other part. (1.) The said (vendor) doth hereby agree with the said (purchaser) to sell to him the said (purchaser) the fee simple and inheritance, free from all incumbrances, of and in (alt.) &c. (Here describe the property.) And also that he, the said (vendor,) will, at his own expence, within one calendar month from the date hereof, deliver an abstract of title of the said premises to the said (purchaser.) or his solicitor, and deduce a good title thereto, subject to the conditions and stipulations hereinafter contained. And if the solicitor of the said (purchaser) shall approve of the said title, the said (vendor,) or his heirs, and all necessary parties, will, on or before the day of next, on receiving from the said (purchaser,) his heirs, executors, administrators, or assigns, the sum of £ at the costs of the said (purchaser.) his executors, administrators, or assigns, as hereinafter mentioned, execute a proper conveyance, and all other necessary assurances for effectually conveying and assuring the fee simple and inheritance of the said (property) and premises, with their appurtenances, unto the said (purchaser,) his heirs, appointees, or assigns, free from all incumbrances, with the usual and proper covenants for title, freedom from incumbrances, and for further assurance. , , (2.) In consideration whereof the said (purchaser) doth hereby agree with the said (vendor,) that he, the said (purchaser,) his executors or administrators, will, on or before the day of next, upon the execution and perfecting of such conveyance and assurances as aforesaid, pay unto the said (vendor.) his executors, administrators, or assigns, the said sum of $ , the full purchase money of the said (property) and premises. (3.) AND IT IS HEREBY MUTUALLY AGREED, by and between the said (vendor) and (purchaser,) that the expence of all disentailing deeds, of acknowledgments of married women, covenants for the production of title-deeds, [as also the conveyance, assignment, or surrender of any outstanding estate, term, or interest, and the obtaining of any probate or letters of administration, shall be borne by the said (vendor.)] (4.) That recitals of descents, births, marriages, and deaths, payments of monies, heirships, intestacies, devises, vestings of terms of years, and all other facts, of what nature or kind soever, contained in deeds or wills, twenty years old or upward, shall be deemed sufficient evidence of such facts respectively; and where any doubt or question shall exist or arise, on account of any property having been conveyed under a defective description, or any fences having been removed, or other evidence of seisin, or identity, or of boundaries, not afforded on the face of the deeds, an affidavit of undisturbed possession, or receipts of the rents for twenty years and upward, according to the title deduced, or of the identity of the premises, shall, in any case not especially provided for by this contract, be deemed sufficient evidence of evidence. (5.) That the deed of conveyance of the said (here describe the property) and premises shall be prepared by the solicitor of, and at the expense of, the said (purchaser,) and such conveyance shall be settled and approved of, on the part of the said (vendor) and (purchaser,) by their respective counsel or solicitors, and each of them, the said (vendor) and (purchaser,) shall pay the respective costs of his own solicitor and counsel. next, AND LASTLY, that, if the said (vendor) shall not deliver his abstract of title to the said (purchaser,) his heirs, or assigns, within the space of one calendar month from the date hereof, or shall not deduce a good marketable title to the said (property) and premises, and every part of the same, before the day of as the case may be, this present contract shall, at the option of the said (purchaser,) his heirs or assigns, be utterly void, to all intents and purposes whatsoever, and the jurisdiction of equity wholly barred; it being the true intent and meaning of the parties hereto, that, in the event aforesaid, the performance or execution of this agreement shall not be enforced against the said (purchaser) in any court of equity, notwithstanding any rule, if such rule there be, that time cannot be made of the essence of a contract, or any other rule or maxim whatsoever. In witness whereof the said parties have hereunto set their hands, the day and year first above written. SIGNED in presence of E. F. } A. B. CLAUSES. 49. POWER for VENDOR to ANNUL the SALE in case the PURCHASER OBJECTS to the TITLE. That, in case the purchaser shall object to the title, the vendor shall be at liberty to annul the sale on returning the deposit to the purchaser, without interest, and paying all reasonable expences incurred by the purchaser in respect of such contract. 50. ANOTHER FORM. That, in case the purchaser or purchasers, or their, his, or her solicitor, shall object to the title in manner above provided, the vendor shall be at liberty, if he shall think fit, by notice in writing under his hand, to vacate the sale, and thereupon such sale shall be absolutely null and void, to all intents and purposes whatsoever; and the purchaser shall be repaid his deposit money, but without interest, and all reasonable expences sustained by him in respect of such sale; and each contracting party shall be placed in the same situation as if no agreement had ever been made, unless the purchaser shall, within fourteen days next after the receipt of such notice from the vendor, agree to accept the title unconditionally; and such right of the vendor to annul the sale as aforesaid shall not be considered as waived, or in any manner affected, by any negotiation as to such objection or requisition, or attempt to obviate such objection, or to comply with such requisition, or to remedy any defect that may be objected to. 51. DEFECT in the TITLE in PART of the LANDS shall not ANNUL the CONTRACT as to the REST. That, if it should appear that a good title cannot be made to some of the lots, or to some part of the lands comprised in any lot or lots, this shall not annul the sale in respect of any other lot or lots, or of the other part of any lot or lots, to some portion of which a good title cannot be made; but the contract shall be carried into effect as to the residue of the lots, or property comprised in such lot or lots, to some portion of which a good title cannot be made, and a proportionable reduction made in the purchase money, to be fixed by two referees, or their umpire, chosen as aforesaid, whose decision shall be final and conclusive on all parties. 52. That MISTAKE in the DESCRIPTION shall not ANNUL the SALE. The number of acres are believed to be correctly stated, but are not warranted to be so; but, should any error appear to have been made therein, to the prejudice of the purchaser, or any error in the description of the property, or of the vendor's interest therein, such error shall not annul the sale, but the purchaser shall accept such compensation as shall be fixed by the award of two referees, or their umpire, chosen as aforesaid. 53. PURCHASER to be at the EXPENSE of COMPARING the TITLE-DEEDS, &c. That the said (purchaser) shall be at the expense of comparing the title-deeds, wills, and evidences of title, whether of record or not, and whether in the possession of the said (vendor) or not, with the abstract; the said (vendor) engaging to furnish an abstract thereof, and to acquaint the said (purchaser) when and where such wills, or evidences of title on record, were proved and recorded, and with whom such title-deeds as are not in the custody of the said (vendor) are, and may be so compared; and that the expense of all attested or other copies of such deeds, wills, or other evidences of title, which the said (purchaser) shall require, shall be furnished him at his own costs. 54. If the PURCHASER is to be at the EXPENSE of getting in OUTSTANDING ESTATES. But the conveyance, assignment, or surrender of any outstanding estate, term, or interest, and the obtaining of any probate or letters of administration, or any document required for evidencing the title thereof, shall be prepared or obtained by the solicitor of the said (vendor,) at the expense of the said (purchaser.) 55. INCUMBRANCES to be DISCHARGED by the VENDOR PRIOR to the CONVEYANCE. That all incumbrances to which the said premises, or any of them, may be subject, shall be discharged by and at the expense of the said (vendor,) and the same premises effectually released therefrom previously to the conveyance to the said (purchaser ;) which said release or discharge of incumbrances shall be effected by a separate and distinct assurance or assurances, and be prepared by the solicitor of, and at the expense of, the said (vendor,) and be approved of by the solicitor of, and at the expense of, the said (purchaser;) but the expenses of such execution shall be borne by the said (vendor.) 56. That PURCHASER shall be let into POSSESSION and RECEIPT of the RENTS and PROFITS. That possession of the said premises shall be delivered to the said (purchaser) from the day of , from which time he shall be entitled to receive the rents and profits thereof; all outday goings in respect of the same premises, up to the said of , to be discharged by the said (vendor.) 57. UNDERTAKING by the VENDOR that his TENANTS shall deliver up PEACEABLE POSSESSION. That the said (vendor) doth hereby undertake and agree with the said (purchaser.) that sufficient notices have been served upon the several tenants of the said premises to quit the possession thereof on the day of next; on which day such tenants shall and will be compelled to deliver up peaceable possession of the same premises accordingly. 58. That VENDOR will ASSIGN upon APPROVAL of TITLE and PAYMENT of REMAINDER of PURCHASE MONEY. That if the purchaser's solicitor shall approve of the title, the vendor, and all necessary parties, will, on receiving the remainder of the purchase money, assign or otherwise effectually assure the said (here give a short description of the property,) unto the purchaser for all the residue of the said term, free from all incumbrances, excepting the rents, covenants, conditions, provisoes, stipu |