Blacks Law Dict. 1st ed

CONTRABAND OP WAR

CONTRACT

267

ammunition, which, by the rules of interna tional law, cannot lawfully be furnished or carried by a neutral nation to either of two belligerents; if found in transit in neutral vessels, such goods may be seized and con demned for violation of neutrality. A recent American author on international law •ays that, "by the term 'contraband of war,'we BOW understand a class of articles of commerce which neutrals are prohibited from furnishing to either one of the belligerents, for the reason that, by so doing, injury is done to the other belliger ent;" and he treats of the subject, chiefly, in its relation to commerce upon the high seas. (Hall, Int. Law, 570,592.) 4 Heisk. 845. CONTRACATJSATOR. A criminal; one prosecuted for a crime. CONTRACT. An agreement, upon suffi cient consideration, to do or not to do a par ticular thing. 2 Bl. Comm. 442; 2 Kent, Comm. 449. A covenant or agreement between two or more persons, with a lawful consideration or cause. Jacob. A deliberate engagement between com petent parties, upon a legal consideration, to do, or abstain from doing, some act. Whar ton. A contract or agreement is either where a promise is made on one side and assented to on the other; or where two or more persons enter into engagement with each other by a promise on either side. 2 Steph. Comm. 54. A contract is an agreement by which one person obligates himself to another to give, to do, or permit, or not to do, something ex pressed or implied by such agreement. Civil Code La. art. 1761. A contract is an agreement to do or not to do a certain thing. Civil Code Cal. § 1549. A contract is an agreement between two or more parties for the doing or not doing of some specified thing. Code Ga. 1882, § 2714. A contract is an agreement between two or more persons to do or not to do a particular thing; and the obligation of a contract is found in the terms in which the contract is expressed, and is the duty thus assumed by the contracting parties respectively to perform the stipulations of such contract. When that duty is recognized and en forced by the municipal law, it is one of perfect, and when not so recognized and enforced, of 4m perfect, obligation. 31 Conn. 265. The writing which contains the agree ment of parties, with the terms and condi tions, and which serves as a proof of the ob ligation. Contracts may be classified on several dif ferent methods, according to the element in

them which is brought into prominence The usual classifications are as follows: Record, specialty, simple. Contracts are divided into three classes: (1) Contracts of record, such as judgments, recognizances, and statutes staple; (2) specialties, which are under seal, such as deeds and bonds; (3) simple contracts, or contiacts by parol. There is no such fourth class as contracts in writing, distinct from verbal and sealed contracts; both verbal and written contracts are included in the class of simple contracts, and the only distinction between them is in regard to the mode of proof. Wharton. Contracts of record are not really oontracts at all, but are transactions which, being entered on the records of certain courts called "courts of rec ord, " are conclusive proof of the facts thereby ap pearing, and could formerly be enforced by action I of law as if they had been put in the shape of a contract. They consist of judgments, recogni sances, etc Sweet. Express and implied. When the agree ment of the parties is definite and formal, and is stated either verbally or in writing, the contract is express; but when its terms have to be gathered by inference and deduc tion from facts or conduct, it is implied. Executed and executory. Contracts are also distinguished into executed and ex ecutory; executed, where nothing remains to be done by either party, and where the trans action is completed at the moment that the arrangement is made, as where an article is sold and delivered, and payment therefor is made on the spot; executory, where some future act is to be done, as where an agree ment is made to build a house in six months, or to do an act on or before some future day, or to lend money upon a certain interest, payable at a future time. Wharton. An executed contract is one in which all the parties thereto have performed all the obligation which they have originally assumed. An execu tory contract is one in which something remains to be done by one or more parties. Code Ga. 1882, § 2715. An executed contract is one the object of which is fully performed. All others are executory. Civil Code Cal. § 1661. Entire and severable. An entire con tract is one the consideration of which is entire on both sides. The entire ful fillment of the promise by either is a con dition precedent to the fulfillment of any part of the promise by the other. Whenever, therefore, there is a contract to pay the gross sum for a certain and definite consideration, the contract is entire. A severable contract is one the consideration of which is, by its

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