Page:Black's Law Dictionary (Second Edition).djvu/271

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CONTRACT

one which must he made out, and its terms ascertained, by the inferunce of the law from the nature and circumstances of the trzinsucrinn. Compound words and phrases.;—Contract of benevolence. A contract made for the benefit of one of the contracting patties unl_v. us a mandate or de1msit.—Contx-ziet of record. A contract of record is one which has hci-n -lulared and adjudicated by a court having j"I'lSlilC'ljO1:i, or which is entered of record in 0iJzdi(’llCE to, or in carrying out, the judg- innnts of a court. Code Ga. 1882, 13716.- Cnntract of sale. A contract by w ieh one uf the miitructing parties, cnlied the “sciler," -r|--rs into nu obligation to the other to ciiuse lihi to have freely, by a title of proprietor. o. ilmr. fur the price of a certain sum of Il1H]']P_V, -h the other contriietine party. culicd the II} .' on his part obliges himself to psv. I'uilL Cont.; Cir. (‘ode L:i. 1900, art. White v Trent K". C.) 100 Fail 901; S Co. v. 0'Sliee. 111 La. 81'], 35 . Pre-contract.

I 919.- An obligation i.'l'0willi.: out of Lt contract or contraciiial reiation, of such is. iiiture that it debzirs the party from legally rnierinn into a simiiar contract at a inter time iviih any other person: particularly applied to

mart-in-ge.—Quasi contracts. In the ciiil law. A (-nIr:irrnai relation arising out of transactions between the arties iiliich give them mu- Iirl l'i'ill’S and oh igntions, but do not involve ii guide and express convention or agreement iI!l.§'I,“"\"l them. Keener. Quasi Contr. 1: Brack- Ill v Norton. 4 Conn. 524 10 \m. I_3»~r. 1T9; i’i=nple V Speir, 77 N. 1. W0: \'\ iilard v. l‘n.ii'nn. 4R Him. 402. 1 N. Y. Supp. 5QS: \Ic- Sirlcy v. Faulkner (Com. PI.) 13 N Y. Supp. in ' Railway Co. v Gnlfney. (‘>5 Ohio St. 104, ‘ll i\'. E ‘I53. Quasi ciintracts arc the lawful rind purr,-l_v VOilll1[:\I‘_F acts of a man. from which ll--we I‘-"~lIitS -inv nhligation whatever to a tilird lorsnn and sometimes it rccipi'ncal oliligiition il(‘iWPEl'I the parties. Cir. Code Lit. art. 2 93. I’nr.:ns uho have not (‘0l1i.l‘1l(‘fef‘ with each |!lil"l” are nftvn regarded by the Roman laii. iciirer 8 certriin state of facts, as if thev had art-inlly concluded a. convention between, them- Muzs. The legal relation which then takes 3.]: between these persons, which has aliiays ll similarity to a contract obligation, is therefore termed “ubliiynlio quasi em confriu‘tiI.." finch a relation arises from the conducting of iiifuirs without aiitlinrity, inegntforiim yes '0, [min the payment of what was not due. (soliifia ind-bili'.] from tiitorship and curatorship, and from tnhiii: possession of an iniie lance .\l'irl:rld Rom. Law. 491.—Sn'hoontract. .\ contract subordinate to another cnntrnrt. made or intended to be made between the con- u;v-tini; parties, on. one part, or some of them, niid a stranger. 1 I- Hi. 37. 45. Wliero a per- .~--n has contracted for the performance of eerinin worli. (e. g.. to build a house,) and he in turn engages a third party to perform the iilinln or u part of flint which is inciudcd in the oripinai "’)ni.lTl('li. (c. y.. to do the carpenter ii--.-ik.I his agreement with such third person is an.-d Il "sulieontriict and such person. is ('aii— la "siilionnti-actn Ceiitral Trust Co. v. .niIi-and (‘o. (C. C.) 5-1 Ft-rl. T3-'3: Lester V. Houston, 101 N. C. 605, 8 S. E. 366.

CONTRACTION. Abbreviation; abridgnieiit or shoitening of a word by oniitting a Irttr-r or ietters or a syllable, with a riiarir river the place where the eiision occurs. This its ciistoiiiary in records written in the an- rtut "court hand." and is fi-eiinenfly found iii the books printed in blacir-letter.

CONTRACTOR. This term is strictly nmillt-iible to any person who enters into a civiitrnut, (Kent v. Rztlirond Co., 12 N. Y. 028,)

263

CONTRAINTE PAR CORPS

but is enninioniy reserved to designate one who, for a fixed price, undertakes to procure the performance of works on a large scale, or the furnishing of goods in large quantities. iihcther for the public or a company or individual. (McCarthy v. Second Parish. 71 Me. 318. 36 Am. Rep 320; Brown V. Trust 00., 174 Pa. 443. 34 Atl. 335.)

CONTRACTUS. Lat. tract ; contracts.

—Contx-actus ‘borne fidei. In Roman law. Contracts of good faith. Those contracts whic , when brought into iiiigaiion, were not determined by the rules of the strict law alone, but allowed the judge to examine into t.he Lnmi fidca of the transaction, and to hear equitabie consideratinns ngninst their enforcement. In this they were opposed to contracts xtricii iunli, against which equitahie defenses could not he entert:iincrl.—Contr-.u:tua civiles. In Roman law. Ci\.i]_CODtl'4LCtE. Those contriiets vibii-h were recognized as ncfonshia by the strict riiril law of Home, or as

ticiilar statute, as di which could not be enforced in the courts ex- cept by the aid of the punter, who. throiigh his eiiiiirable powers. _n:ii:'c an notion iipnii them.

he iatter were caiicd “coiitrm.-tus pril.-forii "

Contract ; a con-


Cuntraetns eat quasi actna contra aotum. 2 Coke. 15. A contract is, as it were, act against act.

Contractns ex tux-pi cansa, vel contra ‘bonus mores, nullus est. A contract: foiiiirlc-rl on a tease coii.<i(ler:ition, or against good morals. is null. nob. 1G7.

Cont:-nctus legem ex conventione riocipiunt. Contracts retetie legal suiictioli from the agi-eeiiient of the parties. Dig. 16, 3, 1, 6.

CONTRADICT. In pl"lCi‘.l(.‘E. To disprove. To prove a fact contriiry to what has been asserted by a witness.

CONTRADICTION IN TERMS. A phrase of which the parts are expi-essiy icnonsistent. ns, e. 11, an innocent n.i1i1'tler;" "a feesiiiiple for life."

CONTRIESCRITURA. In Spanish law. A counter-writing; coiiiiter-letter. A docu- ment executed at the some time with an act of sale or other instrument. 'lTlll operating hy way of rlete-i-=niiee or otherwise inodit‘_\iiig the apparent effect and purport of the orig- inal instrument.

CONTRAFACTIO.}} Counterfeiting; as cozitrnfuctio siqilli reyis, countoifeiting the king's seai. Cowell.

CONTRAINTIE PAR CORPS. In French law. The civil process of arrest of the person, which is imposed upon vendors falseii representing their property to be un- inclimliered, or upon persons mortgaglng property which they are aware does not he- iong to them, and in other cases of moral heiuoiisness. Brown.

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