Contract for Publication. to the printer; and also agrees to furnish to the said A. B. bound copies of the work within a reasonable time after the said A. B. shall have completed his labors; the whole of said proof-sheets to be furnished the said A. B. within a reasonable time after the delivery of the manuscript. And it is further agreed, that in case the said work shall fall short of pages of the size and style of the work known as exclusive of index and contents, then the said A. B. is to receive, and the said Y. Z. is to pay, a sum so much the less, in proportion to the actual number of pages; but in case said work shall contain more than paid therefor is not to be increased. IN WITNESS [etc., as in Form 557]. pages, the sum to be 570. Contract Between Printers and Publishers for Publication On Joint Account. MEMORANDUM of agreement, made this day of A. B., of and 18 between printer, of the first part, and Y. Z. and W. X., composing the firm of Z. & Co., of publishers, of the second part: WHEREAS the party of the first part is the proprietor of the works of whereas the parties of the second part are desirous of becoming the publishers of the same, the following points are agreed to, by and between the contracting parties: 1. The profits of each volume shall be equally divided between the two parties to this contract, said profit consisting of the difference between the actual cost of manufacturing each volume, and the wholesale price of the same, said price to be fixed permanently, so far as this contract is concerned, at cents, and the party of the second part agrees to sell the books at that price, except in small lots of less than and on trade account. The cost of manufacturing shall be made up by said party of the first part by charging the paper used at cost, the printing at his usual rates for works of a similar class, and according to numbers ordered, and the regular price for folding, collecting, waste leaves and tissue paper, adding thereto the cost of plate paper, printing plates, cases and any other expense that would legitimately belong to the manufacture of the book. 2. The expense of circulars and advertising of the series to be divided. equally between the two parties hereto, an accurate account to be kept of the same, and rendered on the days of and in each year, the balance due from either party to be paid to the other in cash. The extent of advertising, and the amount to be expended for circulars and advertising, to be regulated by mutual agreement. 3. The party of the first part agrees to abate the copyright and use of plates, on all copies of each new volume given for editorial purposes, to the number of copies, said abatement to be made on settlement of advertising accounts, on the of each year, an accurate account to be kept of what copies are presented, and to whom given, by the party of the second part. days of and 4. The party of the second part to take of each new volume as issued, copies. copies, and of subsequent editions Sales of Chattels. 5. Payments to be made by the party of the second part to the party of the first part, by note at months from average time of the delivery of the books. 6. The books to be made in the same style, and uniform with, and not inferior in quality to, the volumes as formerly published by 7. All copies of the books delivered in sheets, or folded and collected, to the party of the second part, to be subject to the proper deductions for binding. 8. The party of the first part, in consideration of the above, agrees to give to the party of the second part the exclusive right to publish the same. It is understood and agreed that this contract shall be in full force and binding for the term of three years from this date, and thereafter, until one party shall have given to the other one year's notice in writing, signifying their wish to annul this contract; and in case no satisfactory arrangement can be made for the settlement of each party's interest in the same, an arbitrator shall be chosen by each party, which said arbitrators shall choose a third arbitrator, and their decision in the case shall be final and binding on all parties. In case of the insolvency or death of the party of the first part, or the insolvency or such dissolution of the firm of the party of the second part, as shall unfavorably affect their standing and credit, it shall be considered the same as though the three years had expired, and the one year's notice of desire to terminate the contract had been given, and arbitrators shall be appointed to settle the matter as provided above, if the parties or their executors cannot agree to a settlement. IN WITNESS [etc., as in Form 557]. 571. Agreement for Sale and Purchase of Personal Property. THIS AGREEMENT, made this 18, between A. B., of merchant, witnesseth: That the said day of farmer, and Y. Z., of A. B., in consideration of the agreement hereinafter contained, to be performed by Y. Z., agrees to sell and deliver to the said Y. Z., at his storehouse, in [here specify the goods, and if desired the quality as well 18 And the said Y. Z., as quantity], on or before the day of in consideration thereof, agrees to pay to the said A. B. the sum of 572. Contract for Sale of Goods at a Price to be Fixed by Appraisal. MEMORANDUM of agreement made this day of and Y. Z., of 18 between A. B., of witnesseth: That it is hereby agreed by the said parties, that all and singular the household goods, furniture and stock in trade, which are the property of A. B., and contained in and belonging to the store and dwelling now occupied by the said A. B. [or, which are mentioned in the schedule hereunto annexed], shall, at the joint and equal charge of the said parties, be appraised by M. N. and O. P., on or before the Contracts for Sale of Personal Property. day of next, when the said M. N. and O. P. shall, in writing by them signed, give in their appraisement to the said parties; and in case the said appraisers shall differ in such valuation, then a third indifferent person chosen by them as an umpire shall determine the same, whose valuation in writing by him signed shall be given in to the said parties, within three days after his election. And the said A. B. covenants with the said Y. Z. that, immediately after such valuation being made, he will make and deliver an absolute bill of sale, of all the said goods, furniture and stock in trade, and will give possession thereof unto the said Y. Z., at the price the same shall be appraised at as aforesaid. And the said Y. Z. hereby covenants with the said A. B., that he will accept the said property at such price, and, on the delivery thereof with the bill of sale, will pay to the said A. B. the sum of money at which the same shall be appraised as aforesaid. IN WITNESS [etc., as in Form 557]. 573. Contract for Sale of Stock of Goods and Good-will of Business, With Covenant in Restraint of the "Vendor. THIS AGREEMENT, made the A. B., of day of in the year 18 between witnesseth: That the said A. B., for the consideration hereinafter specified, agrees to sell to the said Y. Z., and the said Y. Z. agrees to buy of the said A. B., all the stock of goods, wares and merchandise belonging to the said A. B., and now being in the store occupied by him in together with the furniture and fixtures thereunto appertaining, and also all the merchandise of every name and nature, bought or contracted for by the said A. B., and intended for sale in the said store, and the good-will of the business heretofore carried on there by A. B. The stock of goods, wares and merchandise is to be inventoried to the said Y. Z. at the original cost, without including transportation expenses; and deduction is to be made for any depreciation in value on account of damage, wear or tear; and the furniture and fixtures are to be inventoried at their fair cash value. If the parties cannot agree as to such valuation and deduction, the same shall be [here may insert clause as to appraisal, as in Form 572]. Said inventory is to be completed within days from the date hereof, and the property above specified delivered to the said Y. Z. immediately thereupon, or upon the completion and delivery of the appraisal. In consideration thereof, the said Y. Z. agrees to execute and deliver to the said A. B., upon delivery of said goods, as full payment of [or, to secure the payment of] the purchase-money of the same, his promissory note or notes, in such several sums as the said A. B. shall direct, payable at months after date, at the Bank, with interest [and indorsed by M. And the said A. B. further covenants and agrees to and with the said Y. Z., that he will not, at any time hereafter, engage, directly or indirectly, or concern himself, in carrying on or conducting the business of either as principal, agent or servant, within of the aforesaid premises now occupied by him as aforesaid for such purpose. CONTRACTS. Sale of Stock ;-of Lands. And it is expressly understood that the stipulations aforesaid are to apply to, and to bind the heirs, executors and administrators of the respective parties; and in case of failure, the parties bind themselves, each unto the dollars, as liquidated damages, to be paid by the other, in the sum of failing party. IN WITNESS [etc., as in Form 557]. 574. Agreement to Sell Shares of Stock in a Corporation or Joint-stock THIS AGREEMENT, made the merchant, and Y. Z., next, Company. 18 between A. B., of also of said place, broker, witnesseth: That the said A. B. agrees to sell and convey to the said Y. Z., on or before the day of shares of the capital stock of the Company, now owned and held by the said A. B., and standing in his name on the books of the said company, and to make and execute unto the said Y. Z. all assignments, transfers and conveyances, necessary to assure the same to him, his executors, administrators and assigns. In consideration whereof, the said Y. Z. agrees to pay unto the said A. dollars per share [or, the average cash market B., for such stock, days preceding the said price of the same, for and during of day to be determined by the sales made in the board of brokers in ], the same to be payable as soon as the said assignment and the scrip of stock so assigned shall be properly executed and delivered to the said Y. Z. IN WITNESS WHEREOF, the said parties have hereto set their hands [and seals] the day and year first above written. [Signatures, with or without seals.] 575. Contract for Sale of Land. ARTICLES OF AGREEMENT, made the eight hundred and part, and Y. Z., of day of one thousand merchant, of the first between A. B., of counsellor at law, of the second part, WITNESSETH: That the said party of the first part, for and consideration of the in hand paid [or, to be fully paid as hereinafter mentioned], has contracted and agreed to sell to the said party of the second part, all that certain piece or parcel land, situate in the town of There insert brief descrip tion-e. g.], known and distinguished on a map made by M. N. of the prop- Building Loan. dollars on the delivery of the deed, which is to be at the office between the hours of sum of of , at and the sum of and on the day of dollars to be secured by a purchasemoney mortgage by said Y. Z., payable [here insert terms], together with the personal bond of said Y. Z. for said sum, in the penalty of dollars: And the said party of the second part, for himself, his heirs, executors and administrators, does covenant and agree to and with the said party of the first part, his heirs and assigns, that the said party of the second part will pay the said several sums as they severally become due, with the interest thereof, without deduction of any taxes or assessments whatever. And it is further agreed between the parties to these presents, that if default be made in fulfilling this agreement, or any part thereof, on the part of the said party of the second part, then, and in such case, the said party of the first part, his heirs and assigns, shall be at liberty to consider this contract as forfeited and annulled, and to dispose of the said land to any other person, in the same manner as if this contract had never been made. IN WITNESS WHEREOF, they have hereunto set their hands and seals the day and year above written. Sealed and delivered in presence of [Signature of witnesses.] [Signatures and seals.] 576. The Same; With Building Loan. day of one thousand eight between A. B., of the city of gentleman, THIS AGREEMENT, made the hundred and party of the first part, and Y. Z., of the same place, builder, party of the second part, witnesseth as follows: The said party of the first part agrees to sell, and the said party of the second part agrees to purchase from him, all those or parcels of land, situate, lying and being in the certain lots, pieces ward of the city of and which, taken together, are bounded and described as follows dollars, payable as follows, -to wit: [description] for all the sum of and on the terms and conditions following-that is to say: Said party of the second part shall forthwith commence on said lots of land the erection of good and substantial dwelling-houses, to be of brick, with brown-stone fronts, three stories, basement and sub-cellar, in height, each of which to be of the width of the lot upon which it shall stand, by feet in depth, to be built of good materials and workmanship, and to conform in all respects to the plans and specifications and drawings of M. N., architect, as the same have been modified and signed by both of the parties hereto. And to enable said party of the second part to erect and finish said dwelling-houses, and the walks and yards in front and rear of the same, the said party of the first part does agree to lend to the said party of the second part, the sum of dollars towards the erection and finishing of each of the said houses; and that such loan shall be made at the times and in the manner following-to wit: |