AGREEMENTS

Broker.

Parties.

Recitals.

WITNESS.

Underwriter au

thorizes broker to act as his in

surance agent.

No. IX.

*An Agreement between an Underwriter and a Broker (1), for the Insurance of Ships (2), &c.

ARTICLES of agreement indented, made this

,

day of

in the year of our Lord 18, BETWEEN (the underwriter) of, &c. gent. and underwriter of the one part, and (the broker) of, &c. gent. and insurance broker of the other part. WHEREAS the said (underwriter) has proposed and agreed to employ the said (broker) as his broker or agent, for effecting insurances on ships and cargoes under and subject to the terms and conditions hereinafter contained, and the said (broker) has agreed to become and act as the broker of the said (underwriter) for the purposes aforesaid, under and subject to the said terms and conditions. Now WITNESS THESE PRESENTS, that he the said (underwriter) doth hereby agree with the said (broker), that he the said (broker) shall or may and is hereby authorized and empowered from henceforth and at all times hereafter, until such counter order or notice as hereinafter is mentioned be given, to act as the agent or broker of the said (underwriter) and as such, to use the name and engage the credit of the said (underwriter), as an insurer or underwriter of or for any sum or sums of money at his Risk not to ex- discretion, not exceeding £ at any one time, or in the whole, ceed £ without the express direction and consent in writing of the said (underwriter) on any ship, vessel, or goods, or merchandize in any ship or vessel, or on both thereof, so as the responsibility of the said (underwriter) on any one risk, either in a ship or vessel, or goods or merchandize in a ship or vessel, or both jointly or separately shall not exceed the sum of £ at one and the same

Broker.
Insurances.

time without such direction and consent as aforesaid, and so as the name of the said (underwriter), as an insurer or underwriter, shall be used as to such ships or vessels, goods or merchandize only on which insurances shall be transacted, at the office or house of business of the said (broker), in the regular and ordinary way as an

(1) As to the nature, &c. of the office of broker, see ante No. IV. n. (1.)

(2) For the several statutes relative to ship insurances, see 2 Ev. Stat. "Insurance"; see also 5 Geo. 4. c. 114.

AGREEMENTS.

Broker.

Broker to have a salary.

Broker will not of the underengage the credit than as aforesaid.

writer otherwise

insurance broker, and on such risks only as are insurable in the common and ordinary course; but not in any case (without such direction or consent as aforesaid) exceeding a premium of L per centum on the sum insured. AND that for the purpose of making any such Broker to sign insurances it shall be lawful, and he the said (broker) is hereby policies, &c. authorized in the name and as the attorney of the said (underwriter), to sign, seal, and deliver any policy or policies of insurances as the act and deed of the said (underwriter), and in his name, or otherwise for him, to receive and give acquittances and discharges, for every premium or premiums which shall be payable for or in respect of the said insurances, every or any of them. AND the said (underwriter) doth hereby covenant and agree to pay and allow to the said (broker) a salary of, or after the rate of, £ per annum, so long as he shall be employed as the broker of him the said (underwriter), by virtue of these presents (1). AND the said (broker) doth hereby covenant and agree with the said (underwriter), that he the said (broker) shall not, and will not, at any time insure in the name or engage the credit of the said (underwriter), in any other manner or to any greater amount than is hereinbefore mentioned; and that he the said (broker) shall and will from time to time, when ever thereunto requested by the said (underwriter), make up and render to him the said (underwriter), such full and particular account of all risks and sums in which the said (broker) shall have engaged the said (underwriter) as an insurer or underwriter, as he the said (underwriter), shall require, and as may be necessary to enable the said (underwriter) to ascertain the true state of his affairs in relation thereto. AND, also, shall and will at the end of every And of surplus calendar month furnish the said (underwriter) with a true and and payments. exact account of all money which shall have been received by him, the said (broker), or have been paid for the said (underwriter), on account of premiums of or for any such insurances as aforesaid, and also of all losses which shall have been sustained or be claimed under, or in respect of, any such insurances. AND it is hereby, also, Accounts to be settled yearly. agreed, that the said (broker) shall on the

day

Broker to deliver

surances.

accounts of in

(1) If the broker be employed in buying and selling for his principal, add, "together with commission after the rate of £ upon all sales and Commission. purchases which shall be by him made for or on the behalf of the said principal." A broker is, like other agents, entitled to a customary commission upon his sales and purchases-and it has been determined that he may claim 5 per cent. on freight or chartering a ship to the Baltic. See 4 Campb. 96, and see 3 Chit. Com. L. 193. 221, 281, 4. ib. 282.

AGREEMENTS.

Broker.

of
in
every year, or as soon as may be thereafter, make
out and render to and for the said (underwriter) a true account of
all profits and loss arisen or sustained by or on account of such insur-
ances as aforesaid in the preceding year; and in which account of
profits shall be reckoned and comprised all such premiums as shall
have been received and not returned; and in which account of
losses shall be reckoned and comprised, not only all sums paid or
payable by the said (underwriter), as such insurer, but also all such
costs, charges, and expenses incured in ascertaining the extent of his
liability in respect of any of the said insurances, and the balance of
profit (if any) after abating any sums then due to the said (broker),
for or on account of his aforesaid salary or allowance and commission,
shall, within one calendar month thereafter, be paid to the said (un-
derwriter). AND &c. (here may be inserted an agreement to dissolve
the agency on notice (1), and to refer disputes to arbitration (2)).
IN WITNESS, &c.

No. X.

An Agreement between a Builder and his Employer, for Building a House, &c. all Materials being found by the Builder (1). Variations where the Materials are found by the Employer.

AGREEMENTS.

Build.

day of

ARTICLES of agreement, entered into this in the year of our Lord BETWEEN (the builder) of, &c. of the one part, and (the employer) of, &c. [by (an agent) of, &c. duly authorized thereunto if so] (2) of the other part, as follow, that is to say, the said (builder) for the consideration hereinafter mentioned, doth hereby for himself, his heirs, executors, and administrators, covenant, promise, and agree, with and to the said (employer), his heirs (2), executors, administrators (3), and assigns, that he the said (builder), his executors, or administrators, shall and will, at his and their own proper costs and charges, erect and build in a good and substantial and workmanlike manner, a messuage or dwelling-house at, &c. in such manner, and within such time, as are hereinafter expressed and limited, and conformably to the plan and elevation thereof, delineated in the margin of these

(1) See other forms of Building Agreements, 1 Bythw. Precedents 52. 275. 305, which promises to be, when finished, a very valuable publication. See also '1 Wms. Precedent, 645. 647. 657. 668. 673. and 1 Newn. 68. See likewise ante, Vol. IV. No. IV. p. 36.

(2) In an agreement by an agent on the part of his principal, for Principal bound building a house, &c. the principal will be bound although no special by acts of agent. authority to make the specific contract be proved, so that the general authority be sufficient to comprehend the terms of the agreement. Hall v. Holt, 2 Vern. 322.; 3 P. Wms. 223. S. C.; Duchess of Marlborough v. Strong, 5 Vin. Ab. 533; 2 Eq. Ca. Ab. 19, pl. 11; 1 Brow. P. C. 175; see Fenn v. Harrison, 3 Durnf. & E. 757; Wyatt v. Marq. Hertford, 3 East, 147.-See ante, p. 17, in notes.

Heir has the be

(3) If the owner of an estate of inheritance agree for the building of a house, &c. and die, the heir has a right to the benefit of the contract nefit of his ancesout of the personal estate, and consequently to call upon the executors, &c. for performance of it. Lechmere v. Čarlisle, 3 P. Wms. 223. 227;

Ca. Temp. Talb. 80.

SUP.-VOL. I.

tor's contract.

to be pay

presents, [in, of, or for the consideration or sum of £
able and paid at the time, and in the manner hereinafter expressed
concerning the same if such the agreement] (1). AND at his and
their like expence, shall and will do, perform, and execute, or cause
to be done, performed, and executed, in a good, substantial, and
workmanlike manner, and agreeably to the directions and approba-
tion of A. B. of, &c. surveyor, or other the surveyor or surveyors, to
be from time to time appointed by the said (employer), his heirs or
assigns, all such excavations, levellings, spreadings, works, matters
and things, in and about erecting the same, as shall be by such sur-
veyor deemed or considered necessary or proper in relation thereto,
and shall and will, at his and their own like costs and charges, find
and provide all, and all manner of bricks, tiles, stones, lime, nails,
lead, iron, brass, timber, wood, wainscot, glass, and all other mate-
rials and things, and all scaffolding, tackle, tools, utensils, and
workmanship whatsoever, necessary and sufficient, and that can,
shall or may be required to be used and done, in and about the
erection of the said messuage or dwelling-house. AND shall and
will complete and finish the same, fit for the habitation and recep-
tion of the said (employer), on or before the
day of
which will be in the year of
accidents by fire, storm,

or tempest only excepted (2), and in all things agreeably to the
specification or description, and particulars hereinafter expressed,
that is to say (insert here the particulars). AND the said (builder)
doth hereby declare and agree, that he, his heirs, executors, and
administrators, shall be accountable for the full performance of this
contract, and by the signing hereof, admits that the said plans,
specifications, descriptions, and particulars, before referred to, are
sufficient to their intended purpose, and that without any additional
or extra work, other than the works set forth thereby, or necessarily

(1) If the materials are to be found by the employer, say,

"And also that the said messuage or dwelling-house and buildings, shall be erected and built with such bricks, stone, lime, timber, and other materials as shall be provided for that purpose by the said (employer), his heirs, or assigns."

(2) An agreement for the performance of a thing should contain an exception against accident, for otherwise he will be bound by his stipulation, notwithstanding any obstacle arising by accident; for although the law excuses accident against an implied covenant for performance, yet it will not against an express covenant. See Burke v. Hodson, 3 Maul. and Selw. 267; Thornborough v. Whitaker, 2 Ld. Raym 11. 64,