Blacks Law Dict. 1st ed

M

AGRICULTURE

AGREEANOE

Implied agreements are those which the law infers the parties to have made* although the terms were not openly expressed. Synonyms distinguished. The term "agreement" is often used as synonymous with "contract." Properly speaking, how ever, it is a wider term than "contract" (An son, Cont.4.) An agreement might not be a contract, because not fulfilling some require ment 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 be de nominated an "agreement." "Agreement" is seldom applied to special ties; "contract" is generally confined to sim ple contracts; and "promise" refers to the engagement of a party without reference to the reasons or considerations for it, or the duties of other parties. Pars. Cont. 6. "Agreement" is more comprehensive than "promise;" signifies a mutual contract, on consideration, between two or more parties. A statute (of frauds) which requires the agreement to be in writing includes the con sideration. 5 East, 10. "Agreement" is not synonymous with "promise" or "undertaking," but, in its more proper and correct sense, signifies a mutual contract, on consideration, between two or more parties, and implies a consideration. 24 Wend. 285. AGREEMENT FOR INSURANCE. A brief agreement entered into between the insurer and insured, preliminary to the filling up and delivery of a policy. AGREER. Fr. In French marine law. To rig or equip a vessel. Ord. Mar. liv. 1, tit. 2, art. 1. AGREZ. Fr. In French marine law. The rigging or tackle of a vessel. Ord. Mar. liv. 1, tit. 2, art. 1; Id. tit. 11, art. 2; Id. liv. 3, tit. 1, art. 11. AGRI. Arable lands in common fields. AGRI LIMITATI. In Roman law. Lands belonging to the state by right of con quest, and granted or sold in plots. Sandars, Just. Inst. (5th Ed.) 98. AGRICULTURE. A person actually engaged in the "science of agriculture" (with in the meaning of a statute giving him spe cial exemptions) is one who derives the sup port of himself and his family, in whole or in part, from the tillage and cultivation of fields. He must cultivate something more than a

AGREEANCE. In Scotch law. Agree ment; an agreement or contract. AGREED. 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." Meigs, 433. It means, ex vi termini, that it is the agree ment of both parties, whether both sign it or not, each and both consenting to it. 26 Barb. 298. AGREED STATEMENT OP PACTS. A statement of facts, agreed on by the par ties as true and correct, to be submitted to a court for a ruling on the law of the case. AGREEMENT. A concord of under standing and intention, between two or more parties, with respect to the effect upon their relative rights and duties, of certain past or future facts or performances. The act of two or more persons, who unite in expressing a mutual and common purpose, with the view of altering their rights and obligations. A coming together of parties in opinion or determination; the union of two or more minds in a thing done or to be done; a mut ual assent to do a thing. Com. Dig. "Agree ment," A 1. The consent of two or more persons con curring, the one in parting with, the other In receiving, some property, right, or benefit. Bac. Abr. A promise, or undertaking. This is a loose and incorrect sense of the word. 5 East, 11. See 3 Brod. & B. 14; 3 ST. Y. 335. The writing or instrument which is evi dence of an agreement. Agreements are of the following several descriptions, viz.: Conditional agreements, the operation and effect of which depend upon the existence of a supposed state of facts, or the performance of a 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 be done by the parties. Executory agreements are such as are to be performed in the future. They are commonly preliminary to other more formal or important contracts or deeds, and are usually evidenced by memoranda, parol promises, etc. Express agreements are those in which the terms and stipulations are specifically de clared and avowed by the parties at the time of making the agreement.

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