KFLCC Kingdom Law 2nd Ed.

AGRKZ

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AGREE

Executed agreements, which have refer ence 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 com monly preliminary to other more formal or important contracts or deeds, and are usual ly 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 Implied agreement. One inferred from the acts or conduct of the parties, instead of be ing expressed by them in written or spoken words; one inferred by the law where the conduct of the parties with reference to the subject-matter is such as to induce the belief that they intended to do that which their acts indicate they have done. Bixby v. Mqor, 51 N. H. 403; Cuneo v. De Cuneo, 24 Tex. Civ. App. 436, 59 S. W. 284. Parol agreements. Such as are either by word of mouth 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 "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. Wain v. Warlters, 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. Andrews v. Pontue, 24 Wend. (N. Y.) 285. Fr. In French marine law. To rig or equip a vessel. Ord. Mar. liv. 1, tit. 2, art. 1. 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. AGREER. AGREZ.

adopt Agreed, agreed to, are frequently nsed in the books, (like accord,) to show the concurrence or harmony of cases. Agreed per curiam is a common expression. To harmonize or reconcile. "You will agree your books." 8 Coke, 67. In French law. A solicitor practising solely in the tribunals of com merce. AGREE. 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," McKisick v. McKisick, Meigs (Tenn.) 433. It means, ex vi termini, 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. —Agreed order. The only difference between an agreed order and one which is made in the due course of the proceedings in an action is that in the one case it is agreed to, and in the other it is made as authorized by law. Claflin v. Gibson (Ky.) 51 S. W. 439, 21 Ky. Law Rep. 337.—Agreed statement of facts. A statement of facts, agreed on by the parties as true and correct, to be submitted to a court for a ruling on the law of the case. United States Trust Co. v. New Mexico, 183 U. S. 535. 22 Sup. Ot 172, 46 U Ed. 315; Reddick v. Pulaski County, 14 Ind. App. 598, 41 N. B. 834. AGREEMENT. A concord of understand ing and intention, between two or more par ties, 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 mu tual 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. Wain v. Warlters, 5 East, 11. The writing or instrument which is evi dence of an .agreement. Classification. 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. AGREEANCE. In Scotch law. Agree ment; an agreement or contract