Page:Black's Law Dictionary (Second Edition).djvu/61

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adopt. Agreed. agreed to, are frequently used in the hooks, (like accord.) to show the

concurrence or harmony of cases. Apreed per curiam is a common expression. To harmonize or reconcile. “You will

agree your books." 8 Coke. 67.

AGRi:E. In French law. A solicitor practising solely in the tribunals of com- merce.

AGREEANCE. In Scotch law. Agreement; an agreement or contract.

AGREE). Settled or established by agreement. This word in a deed creates a covenant

This word is a technical term, and it is synonymous with "contracted." ll-icliisick v. i\iL’KiSiCi§. Meigs ('l‘enn.) 433. It means. ea: vi !(T7lL‘ill‘i. that it is the agreement of both parties, whether both sign it or not, each and both consenting to it. Aikin v. Albany. V. & C. R Co.. 26 Barb. (N. Y.) 298.

—Ag-reed order. The only difference between an ngrcetl order and one nhich is made in the due course of the proceedings in an action is the! in the one case it is [l.‘.."l'L‘Ed to, and in the min-r it is made as authorized by law. Clziilin v. Giiisnn (Ky.) 51 S. W. 439. 21 Ky. Law Rep. 3.’.T.—Agr-eed statement of facts. A statement of tools. agreed on by the 'D£ll‘ilt-is as true and correct. to be submitted to a court for a ruling on the law of the case. United Slams Trust Co v New Mexico. lg} U. S. 535, 2‘. “up. Ct 17 . 4i} L. Ed. 315: Rcddick v. éggasm County. 14 Ind. App. 598. 41 N. E.

AGREEMENT. A concord or understanding and intention. between two or more parties, with respect to the effect upon their relative rights and duties, or certain past or fixture facts or performances. The art of two or innie persons, who unite in expressing a mutual and coiniiion purpose, with the view of altering their righte and ohligations.

A coming together of piirties in opinion or den.-rmliiation; the union of two or more minds in a thing done or to be done; a nintual assent to do a thing. Com. Dig. "Agreement." A 1

The consent of two or more persons cocnurring, the one in parting with, the other in, some property, right, or benefit. Bac. Ahr.

A jironiise or uiidertnliing. This is a loose and incorrect sense of the word. Wain v. W.irlters. 5 East. 11.

The writing or instrument which is evi- dence of an agreement.

Classification. Agreements are of the following several rlescrilitioiis. viz.:

Conditilmal agreements, the operation and elftect of which depend upon the evistciire of a supposed state of facts, or the [Jel'f0l'l]J.llJCe of 11 condition, or the happening of a contin- gency.


Executed agreements, which have reference to past events, or which are at once closed and where nothing further remains to he done by the parties.

Ezecutory agreements are such as are to he performed in the future. They are com- monly prelimiiiary to other more formal or important contracts or deeds, and are usually evidenced by meniorandu. parol proiiiises. etc.

Empress ayrcemcnts are those in which the terms and stipulations are specifically declared and avowed iiy the parties at the time of making the agreement.

Implied a_r/rcemcnt. One inferred from the acts or conduct of the parties. instead of heing expressed by them in written or spoken words; one inferred by the lilW where the conduct or the parties with reference to the snhject-matter is such as to induce the heiiet that they intended to do that which their acts indicate they haie done. Bixhy r. Moor, 51 N. H. 403; Cnneo v. De Cuneo. 24 Tex. Civ. App. 436. 59 S. W. 234.

Perot a_arc(micuts. Such as are either hy word of month or are committed to writing, but are not under seal. The common law draws only one great line. between things under seal and not under seal. Wharton.

Synonyms distinguished. The term “agreenieiit" is often used as syuonrinous with “contract." Properly speaking. how- ever, it is a wider term than “coiitract" (Anson. Cent; 4.) An agreement might not he a contract, because not tnlfiiling some reqiiirement of the law of the place in which it is made So, where a contract embodies a se- ries of mutual stipulations or constituent clauses. each of these clauses might he de- nuniinnted an "agreeinent."

“Ag7'oe7i1c1Li" is seldom applied to special- ties; "contract" is generally confined to simple oonuncts; and “1n'onu'.sc-" iefers tn the engagement of a party without reference to the reasons or considerations for it, or the duties of other parties. Pni s. Cont. 6

“.-igreeiiient" is more con.i1irclioiisi\'e than “proniis ." signifies a niutu:ii contract, on consideration, iietween two or more parties. A statute (of frziiiiis) which requires the agreement to be in writing includes the consideration. Wain v. Wariters, 5 East. 10.

"Agreement" Is not nvnonymous with “promise" or "undert:il<ing." hut. in its more proper and correct sense, signifies a mutual contract, on consideration. between two or more parties, and implies a consideration. Andrews v. Pontue. 2-1 Wend. (N. Y.) 285.

AGE]-DER. Fr. To rig or equip a vessel. tit. 2. art. 1.

In French marine law. On}. Mar. iii‘. 1.

AGREZ. Fr. In French marine law. The rigging or tackle of a iessei ()rd. Mat. liv. 1. tit. 2. art. 1; id. tit. 11. arL 2; Id. iii‘. 3, lit. 1. sit. 11.