terms, one may protect himself from the danger of imposition, in numberless instances.

A Condition Subsequent is one which does not take effect until after the contract has been partly performed; but if the terms of the condition are not fully complied with when the time arrives for so doing, the entire contract becomes void, and the parties are replaced as they were before the agreement was entered into. Conditions subsequent are not favored by the courts, and are very strictly construed. It is therefore even more essential than in the case of Conditions precedent, that they should be clearly and exactly worded. They occur much less frequently than do the latter class of conditions, but a familiar instance by which they may be illustrated, is the arrangement sometimes made by which aged parents convey their property to a child or children on condition that they-the parents-shall be supported during their lives. Then if the children do not give such support, according to the terms of the agreement, their title to the property fails, and the parents may recover possession of it.

Instead of the contract becoming void, however, there are some cases in which the Condition subsequent may itself be void, the contract remaining good, as where it is contrary to public policy, or is illegal or immoral. Thus if a father leaves by will certain property to his son on the condition that the son shall never marry, the condition is null and of no effect, it being contrary to public policy to discourage marriage, and the title to the property vests at once and permanently in the son, relieved of the condition. So if a house or farm be devised by will on condition that the party to whom it is left, shall never sell it,

this condition is void, it being contrary to the policy of the law to allow property to be so tied up.

But a reasonable restriction-or condition-may be placed upon a gift, devise or contract, as that the party receiving the property shall forfeit it if he marries a certain person; or if he marries before reaching the age of twenty-five years; or if he attempts to sell or otherwise dispose of it within ten years; and the law will uphold it.

It is however possible to evade the law which forbids conditions in total restraint of marriage, by deeding property directly to a person to whom the title shall pass immediately, but limiting his ownership to such time as he shall remain unmarried, with the provision that at his marriage the property shall go to some other designated person. It is perfectly possible to give property to any one for any specified time; as during his life or during the life of a third person or for a term of years; so also during his unmarried state, and though this seems at first sight to be almost the same thing as conveying property on a condition that the grantee shall never marry, it is really very different. The rule applies, of course, to all other restrictions as well as to that against marriage, but the necessity of naming another person to whom the property shall go in case it passes away from the first grantee by the occurrence of the event provided against, must not be overlooked.

CHAPTER III.

THE CONSIDERATION OF A CONTRACT.

The Absolute Importance of a Consideration-Definition of Consideration-A Gift as Distinguished from a Contract-Consideration Implied by a Seal-Consideration Implied in Negotiable Paper-Consideration must be Valuable and Lawful-Various Kinds of Considerations-Implicd Considerations.

Of primary importance to the life of every contract is the Consideration. Very many people do not understand this, and suppose that a mere promise to do a thing constitutes a binding contract. Morally speaking, of course, a bare promise is binding, but from a legal point of view, this is not true, whether the promise be oral or written. One is legally bound to keep his promise only when he receives something in return for it from him to whom he makes it; and that which he receives constitutes the consideration.

Definition of Consideration.

Any benefit, however slight, to the party who promises; or any loss, however slight, to the other party, is a sufficient consideration for the promise.

Thus, when you order supplies from any dealer, and he sends them to you, the goods which you obtain are the consideration for your promise to pay for them; you have received a benefit. So, too, on

the other hand, if you order provisions sent to your house, but leave home immediately, and before you return the provisions are spoiled, although you have received no actual benefit the other party has sustained a loss on your behalf, and you are therefore bound to pay him for the supplies.

The consideration need not be proportionate in value with the promise. A very slight consideration is sufficient. Extensive conveyances of real estate are sometimes made "in consideration of one dollar and other good and valuable considerations." In such cases the transfer is often a gift in reality-though not necessarily so-, but it is considered desirable to give it the form of a business transaction. The same expression, "on consideration of one dollar and other considerations," is often used in contracts binding one person to render important and valuable services. to another. In these cases, this is the consideration for the promise of the former party to render the services. The consideration for the services themselves —that is, the payment for them—, will probably not be given, and possibly not even be fixed, until they have been performed, and it may not be mentioned at all in the preliminary contract. The phrase “other good and valuable considerations" may refer to the interchange of mutual promises, etc.; no other tangible consideration need really pass between the parties than the one dollar.

It has been held in a few cases that a very small sum of money given in consideration of a promise to pay a large sum of money, as $1.00 for a promise to pay $1000, is not a good consideration and that the contract is not binding. This is doubtful law, but it would be safest

not to make such a contract when the consideration on both sides is money.

A Gift as Distinguished from a Contract.

The consideration distinguishes a contract from a gift, being essential to the former and absent in the latter. It should always be borne in mind also in regard to a gift, that immediate transfer of possession from the giver to the recipient is necessary in order to pass the title to the latter and enable him to claim it. A mere promise, without a consideration, to make a gift at a future time is not binding and cannot be enforced. [See Chapter 15.]

Consideration Implied by a Seal.

There are cases in which the consideration, though not actually named between the parties to a contract, is implied, that is, presumed by the law to be intended by them. This is true of all sealed contracts, with one or two exceptions which need not be specially referred to here. The law has always held that, by the act of affixing a seal to one's signature, he declares that he has received a consideration for his promise, and the truth of this implied declaration cannot be inquired into. Thus it is that any question as to the existence of a consideration cannot be raised in regard to a scaled contract, and it is very useful in many cases, to affix seals to signatures for this purpose, even when the law does not demand them.

In a very few states, less weight is given to the ef fect of a seal; as in New York, where a seal is only presumptive evidence of a consideration, in case there is no evidence to the contrary; but one may prove, if he can, that no consideration really passed, and then the seal becomes worthless for this purpose.