Expense of the said A. B. and C. D., as follows, (that is to say,) That the conveyance (or conveyances) shall be conveyance. prepared by, and at the expense of, the said C. D.; and all attested copies required by the said C. D. shall be defrayed by him. Copyhold. Clause that if a good And that the said C. D. shall be entitled to the possession, and rents, and profits, of the said premises, from the said day of, &c. And that if the said conveyance(b) (or conveyances) shall not be executed and perfected by the necessary parties, and the purchase money paid on or before the day of, &c., then, and in such case, the said C. D., his heirs, executors, or administrators, shall, from the said day of, &c., pay interest for the said purchase money, unto the said A. B., his executors or administrators, after the rate of £4 per cent. per annum. (c) In witness, &c. (d) (b) If copyhold, say, "Surrender (or surrenders) shall not be made and perfected." If leasehold, say, "Assignment (or assignments) shall not be executed and perfected." (c) Sometimes the following clause is added: “And it is hereby agreed, that if the said (vendor) shall not be able to make out a good title to the title cannot said hereditaments, this agreement shall be void, and the deposit money be made. returned to the said (purchaser), with interest for the same, after the rate aforesaid." On taking possession under the agreement. (d) If a person is let into possession of premises under an agreement for sale, and before any conveyance is executed, it will be construed as a tenancy at will, and that upon a demand made, possession may be recovered by the vendor by ejectment.-Doe d. Hiatt v. Miller, 5 C. & P. 595. An occupation under an agreement for the sale of premises, if a title could be made, creates a tenancy.-Doe d. Newby v. Jackson, 2 D. & R. 514. 1 B. & C. 448. In an agreement for the sale of leasehold premises, to be paid for by instalments, it was stipulated that, in default of payment of the instalments at specified times, the former instalments should be forfeited, and that the vendor should not be compellable to convey, upon which the purchaser was let in possession, and made default, he was from thenceforth a mere tenant upon sufferance.-Doe d. Moor v. Lawder, 1 Stark. 308. And where the vendor of leasehold premises for a term, before the whole of the purchase money was paid, agreed with the purchaser that he should have possession of the premises till a given day, paying the reserved rent in the mean time; and if he did not pay the residue of the purchase money on that day, he should forfeit the instalments already paid, and should not be entitled to the assignment of the lease: the purchaser being thus put into possession, it was considered that if the residue of the purchase money was not paid at the day appointed, no tenancy was created, and that the vendor might maintain ejectment without any notice to quit, or demand of possession. Doe d. Leeson v. Sayer, 3 Camp. 8. But where it was agreed by the purchaser, under an agreement for an assignment of lease, who was let into possession, that he would pay the lessee until the completion of the assignment, at the rate of so much per year; such was held to constitute the relation between landlord and tenant between the parties. -Saunders r. Musgrave, 6 B. & C. 524. 9 D. & R. 529. 2 C. & P. 291. It appears that where a person is put into possession upon an agreement for the purchase of land, he cannot be ousted by ejectment before his lawful possession is determined by demand of possession or otherwise.--Right d. Lewis r. Beard, 13 East. 210. In an action on an agreement for not accepting a lease, if it appear that there was a person who had an interest in the premises, and it be not proved at the trial that such person was a party to the lease tendered, the plaintiff cannot recover. Neither, under such circumstances, is he entitled to recover for use and occupation, though the defendant may have received rent from the under-tenants.-Rumball v. Wright, 1 C. & P. 589. A party who has been let into the possession of land, under a contract for sale, which has not been completed, is a tenant at will to the vendor.-Ball v. Cullimore, 2 C. M. & R. 120. 1 Gale, 96. Where a letter contains the entire terms of an agreement for the pur- What neceschase of lands, it is not necessary for the plaintiff to prove that he accepted sary to make the terms.-Boys v. Ayerst. 6 Madd. 316. In order to form a contract, by letters of which the court will decree a specific performance, nothing more is necessary than that the amount and nature of the consideration to be paid on one side, and received on the other, should be ascertained, together with a reasonable description of the subject matter of the contract.-Kennedy v. Lee, 3 Mer. 441. An agreement to purchase was established upon a correspondence referring to the terms of such agreement.-Ogilvie v. Foljamb, 3 Mer. 53. Where the agreement for purchase is drawn up and executed, the construction thereof will not be affected by the previous letters.-Farquharson t. Barston, 4 Bligh N. S. 560. The written undertaking of one party will be enforced, although the other party is not mutually bound by writing.-Palmer v. Scott, 1 Russ. and Mylne, 391. For an agreement signed by one party only, is good to charge him within the statute of frauds.-Seton v. Slade, 7 Ves. jun. 289. And semble, that a contract signed by one party only may be enforced in equity by the other.-Martin v. Mitchell, I J. & W. 426. But the party Lot signing, by filing a bill for a specific performance, makes it binding on bimself.-Id. It is doubtful whether the party who has signed only is at liberty to recede from it, until the other party has done some act to bind himself.-Id. a contract. According to the Roman and English law as administered in both Consideracourts of law, and in equity, a fixed price is an essential ingredient in a tions in contract for sale. A contract, therefore, which does not settle the price is agreements. valid, and complete only when and if the party to whom it is referred shall fix it, and is otherwise totally inoperative.-Milnes v. Grey, 14 Ves. jun. 408. An agreement of sale, according to the valuation of two persons, one Valuation. chosen by each party, or of an umpire to be appointed by those two, in case of disagreement, was carried into effect.-Id. But specific performance was refused under a contract for sale, at a price to be fixed by arbitrators within a certain time; or if they should not agree to make their award within the time, by an umpire also within a limited time, the construction of the contract, which required the delivery of the award in writing to each party, being that though the consequential acts, such as executing the conveyances, &c., might be done by representatives, it was, with reference to the terms, to be fixed by the award personal upon the parties. Blundel v. Buttargh, 17 Ves. jun. 232. Under a contract for sale, at a price to be fixed by an award within a limited time, during the lives of the parties, the death of one is not an accident against which the court will relieve.-Id. Provided the name be inserted in an instrument in such a manner as to Signature. have the effect of authenticating it, the requisition of the act with respect to signature is complied with, and it does not matter in what part of the instrument the name is found.-Ogilvie v. Foljamb, 3 Mer. 53. There must be a signing, either by an actual signature of the name, or something intended by the writer, to be equivalent to a signature, such as a Parties. Premises. (19.) An Agreement for an Assignment of a Lease for Lives. AGREEMENT, &c., BETWEEN A. B., of, &c., of the one part, and C. D., of, &c., of the other part. The said A. B., in consideration of the sum of, (e) &c., to be paid to him by the said C. D., as hereinafter mentioned, doth hereby for himself, his heirs, executors, and administrators, covenant, promise, and agree, to and with the said C. D., his executors, administrators, and assigns, that he, the said A. B., his heirs, executors, or administrators, shall and will, on or before the day of, &c., next ensuing, at the costs and charges of the said C. D., his executors and administrators, execute a proper conveyance or assurance for conveying, assigning, and assuring, ALL that, &c., with the appurtenances, for and during the lives of R. F., G. H., and J. K., and the life of the longest liver of them, and held by the said A. B., under and by virtue of a certain indenture of lease dated, &c., and made between, &c., together with the said lease, subject to the yearly rent of twenty shillings, made payable to the said A. B., in manner as in such lease is mentioned, and to the covenants therein contained; and that he, the said A. B., shall and will forthwith furnish the said C. D., or his solicitor, with an abstract of the title to the said premises, for and during the lives aforesaid; but such abstract, it is agreed, shall not extend to or comprise the title of Covenant to the lessor of the said premises; AND the said C. D. chase money doth hereby for himself, his heirs, executors, and For lives. Abstract. pay pur Although an agree mark by a marksman.-Selby v. Selby, 3 Mer. 2. The court of chancery has jurisdiction to declare an instrument forged, administrators, covenant, promise, and agree, to and with the said A. B., his heirs, executors, and administrators, that on the execution of such conveyance, assignment, or assurance, as aforesaid, by the said A. B., his heirs, executors, or administrators, he, the said A. B., his, &c., shall and will well and truly pay, or cause to be paid, unto the said A. B., his executors or administrators, the said sum of, &c., (f) (the full consideration money agreed upon for the hereditaments herein before mentioned, for and during, &c.); AND it is hereby mutually agreed, between the said For renewal parties hereto, that in case they the said (cestui que case of death cies), or any or either of them, shall happen to before a cerdie(g) before, &c., now next ensuing, that then the of lives in tain time. (f) If a deposit be made, say, "Remainder of the said purchase Deposit. money. (g) In agreements for sale of leasehold for lives, a clause should be in- Clause as to troduced to meet the possibility of a life dropping between the time of lives dropentering into the contract and the completion of the purchase. If nothing ping. is said on this subject, as the vendor is in equity considered only as a trustee for the purchaser, the risk must be the purchaser's. The re- Stipulations served rent should also be mentioned, and if only part of the leasehold when part of estate is to be conveyed, the contract should state the apportionment of leasehold the same between the vendor and purchaser; and in this last particular, premises are another clause should be added, to the effect of compelling the vendor and sold. purchaser to enter into a covenant in the intended conveyance to join together in surrendering up the subsisting lease when a life drops to the corporate body, under whom the estate is held, to enable them to grant new and separate leases to the vendor and purchaser of their respective estates; that is, to the vendor of the estate retained, and to the purchaser of the portion sold for the lives remaining in the subsisting lease, and a new life to be nominated by them respectively, at the apportioned rents aforesaid, and upon such other terms and conditions as the lessor and the other interested parties may mutually agree upon; with a provision also, that in case the corporate body, or person of whom the estate is held, should refuse to grant separate leases, that they, the vendor and purchaser, shall, in the event aforesaid, still join in surrendering the subsisting lease to the lessors, to enable them to make a new lease of all the premises to the vendor for the remaining lives, and such other new life in the room of the deceased one as shall be nominated either by the vendor or purchaser, or by the terms stipulated for when the contract is entered into; and in this case, the parties must ascertain and fix the proportions to be paid by them respectively of the fines, fees, and expenses, consequent on the renewal, with a covenant that, as soon as the lease is executed, the lessee, his heirs or assigns, shall, at the joint expense of the parties, (if so agreed,) convey to the other his or their respective estate; that is, if the lease is to be made to the vendor, that he, his heirs or assigns, shall convey the estate comprised in the contract to the purchaser, his heirs or assigns, for the lives named in the lease, and the lives of the longer livers of them, subject to the apportioned rent, and to the performance of such of the covenants contained in the new lease as apply or relate to the premises sold, and if the lease is to be made to the purchaser, then vice versa; and to covenant that, until such conveyance be executed, the lessee, his heirs or assigns, shall stand seized and possessed of the premises belonging to the other party, in trust for that other party, his heirs Ꮮ Dangerous for vendor chaser to cussions. said A. B., his heirs, executors, or administrators, (20.) day Agreement or Contract for letting a Dairy. CONDITIONS BETWEEN A. B., of, &c., and C. D., of, &c., for letting the cottage, dwelling-house, and or assigns. In case the estate be of copyhold tenure, a provision should be made against the payment of any fine, fees, and expenses, of admission by the vendor, though, if nothing is said on the subject, they will fall on the purchaser. (See note a to p. 117.) It very often happens that the vendor and purchaser unadvisedly make their own agreement. This frequently leads to legal discussions, and is at all times dangerous. Proprietors of estates should never enter into and pur- written contracts, or receive part of the purchase money, without conmake their sulting their solicitor; for perhaps it may be necessary to stipulate own agree- specially, in the agreement for the sale, that the purchaser shall not rement, as it quire a better title than was made out to the vendor; or that the purchaser mostly leads shall not require a title beyond a certain period (see conditions of sale); to legal dis- or that the vendor shall not be compelled to furnish, at his expense, attested copies of deeds. This last stipulation applies where the vendor sells off part of an estate; in which case, if the purchaser is to pay for case advis- attested copies, he seldom requires them, or requires those of modern able to sti- date; and if the estate happen to be leasehold either for lives or a term pulate for of years renewable, or other derivative interests for a short term, that the vendor shall not be bound to furnish the title of the lessor (see note x to the possession till the P. 116); and in no case is it safe to stipulate for the delivery of the posses sion till the completion of the purchase, and the money is paid. Provicompletion sion should be made in the agreement as to the period up to which the of the purvendor is to pay and clear off all taxes, &c. In other respects, the conchase. tract must be regulated by the peculiar circumstances of the case. It is in no |