a particular place, he is bound by his engagement, but he may exercise it elsewhere. A bond that the obligor shall never carry on, or be concerned in, a particular business, is void.

Time of Performance.-There must be a time, either expressed or implied, in which a contract is to be performed. Otherwise one party could postpone the execution of his contract indefinitely. Where no time is expressed, a reasonable time will be understood.

Formality.-Contracts of various kinds may be made verbally, others are required by law to be in writing. All contracts are either express or implied. Express contracts are where the terms are openly uttered at the time of making. Implied are such as reason and justice dictate, and which the law presumes every man undertakes to perform. For instance, if there is no stipulation as to the price, when one sells goods, or performs labor for another at his request, the law implies a promise to pay for such goods, or labor, so much as they are reasonably worth. It is also an implied condition of work and labor, that it be done in a suitable and workmanlike manner. But the law will never imply a promise against a party's declaration at the time.

Contracts That Must be in Writing.-The English Statute of Frauds has been substantially copied in nearly all the States. It provides that-in the following cases no agreement shall be legally enforcible unless the same, or some memorandum thereof, be in writing, and subscribed by the party to be charged therewith: 1. Every special promise of an executor or administrator to answer damages out of his own estate. 2. Every agreement made upon consideration of marriage. This applies not to promises of marriage, but to promises to pay money, or to make a settlement of property, if the marriage is consummated. 3. Every agreement that by its terms is not to be performed within one year from the making thereof. 4. Every special promise to answer the debt, default, or misdoings of another. 5. Every contract for the sale of any goods, chattels, or thing for the price of ten pounds ($50.00), or more, unless: (a) the buyer shall accept and receive part of such goods; or (b) the buyer shall at the time pay some part of the purchase money, or give something in earnest to bind the bargain. 6. Every contract for the sale of any lands, or any interest in lands.

Where a person has the benefit of another's services under a verbal agreement, and then successfully pleads the statute of

frauds, the other party may recover so much as his services have been worth.

Interpretation and Construction.-In construing contracts, the intention of the parties must govern; words are to be taken in their natural and obvious sense; when the intention is doubtful the context may be resorted to to explain ambiguous terms; the whole of the instrument is to be viewed and compared in all its parts, so that every part of it may be made consistent and effectual. Where the language of an agreement is plain and unequivocal, there is no room for construction, and it must be carried into effect according to its plain meaning.

Ambiguities in deeds or other instruments are generally interpreted against the grantor, or contractor.

Performance.-A person who undertakes to perform a job of work by special contract, must perform his contract before he is entitled to his pay. If a person is hired for six months, or a definite time, and leaves before the end of it, without reasonable cause, he is liable to lose his wages for the period he has served. But if he is dismissed without cause he can recover for the damages he has sustained. It is no sufficient cause for abandoning one's contract, that he was put upon work not contemplated at the time the contract was made, but if he is prevented by sickness from laboring during the stipulated period, he may recover for his services as much as his services were worth, for the time he labored.

Specific Performance.-The law side of the court cannot enforce the specific performance of a contract. It can only allow damages for the failure to perform, or for breach. On the equity side of the court, certain contracts may be enforced specifically. They most commonly relate to the sale of real property.

Rescinding. In general, a contract cannot be rescinded, unless by consent of both parties, except in case of fraud. A party having a right to rescind a contract, must exercise the right within a reasonable time.

Where parties agree to rescind a sale once made and perfected without fraud, the same formalities of delivery, etc., are necessary to revest the property in the original vendor, which were necessary to pass it from him to the vendee. A contract required by law to be in writing cannot be dissolved by 、erbal agreement.

Tender.-A tender of payment does not bar, or extinguish the debt; for the debtor is still liable to pay it, but it bars the claim to subsequent damages, interest and costs of defense against the plaintiff. A debtor should tender the full amount of the debt with the interest and costs which have accrued.

Damages.-The general rule of law respecting the measure of damages is, that where an injury has been sustained, for which the law gives a remedy, that remedy shall be commensurate with the injury sustained.

HOW A CONTRACT SHOULD BE WRITTEN

Pen and Ink Should Be Used in writing a contract, but the use of a pencil will not render the contract invalid. The contract should be written in plain and unequivocal language, and the law does not in general require a formal contract drawn up with technical precision.

The Contract Should Be Dated, and care should be taken that the date be not a Sunday or a legal holiday, for in some States that would invalidate the contract.

Any Erasures or Interlineations made in the body of the contract should be specified in the margin or at the bottom as having been made before the contract was signed.

Any Material Alteration in the contract after it is signed, if made by a party to the contract without the consent of the other party will discharge the contract.

Contracts should be prepared and signed in duplicate, triplicate, etc., according to the number of persons concerned in them. Each party should be furnished with a copy.

It is the presumption of the law that a person in 'making a contract intends to bind not only himself but his legal representatives. Such representatives may therefore sue or be sued on a contract, although not named in it.

Letters May Constitute a Contract.-If a letter containing an offer is answered by another, accepting it, the two letters taken together constitute the written contract. If an order for goods is sent and filled it is a written contract as far as the writer is concerned, but not as to the other party. A telegram in the same way may be a written contract.

General Form of Contract

CONTRACT, made and concluded this first day of June, A. D. 1911 by and between John Jones, of the city of Springfield, county of Sangamon, and State of Illinois, party of the first part, and Samuel Smith, of the same

place, party of the second part, in these words: The said party of the second part contracts and agrees to and with the said party of the first part, to [here insert what is to be done]; and the said party of the first part contracts and agrees to pay unto the said party of the second part, for the same, the sum of fifty dollars, lawful money of the United States, as follows: the sum of twenty-five dollars when [here state the contingency on which the first payment is to be made], and twenty-five dollars when [here state the other contingency].

In witness whereof, the parties to these presents have hereunto set their hands and seals, the day and year first above written.

Contract to Build

JOHN JONES. [SEAL]
SAMUEL SMITH. [SEAL]

THIS AGREEMENT, made the tenth day of June, A. D. 1911, between John Doe, of the city of Bloomington, in the county of McLean, and State of Illinois, party of the first part, and Richard Roe, of the same place, party of the second part,

Witnesseth, that the said party of the first part, for the consideration hereinafter mentioned, agrees to erect and build for the said party of the second part, a dwelling-house on the lot of land, numbered 91 Oak street, in the city of Bloomington aforesaid, and to furnish all the materials and perform all the work necessary to complete the same agreeably to the accompanying plans and specifications signed by the parties; and to deliver the said building, finished in every respect, to the said party of the second part, on or before the .... day of next.

In consideration whereof, the said party of the second part agrees to pay to the said party of first part, the sum of one thousand four hundred dollars ($1,400.00), as follows:-$200 when the cellar is completed, $200 when the frame is erected, $200 when the outside is shingled and clapboarded $200 when the lathing is completed, and $600 when the building is finished; which sums shall be in full of all his claims and demands against the party of the second part, except as hereinafter provided.

And it is further agreed, that the said party of the second part may modify the before-mentioned specification, in any particular, without impairing its validity, or the validity of this contract in other respects;-provided that the sum to be allowed to either party for such alterations shall have been agreed upon by the parties hereto, and a full statement of the same made in writing, and signed by them, before the work to be affected by the change is commenced.

In witness whereof we have hereunto set our hands and seals, on the day and year first above written.

Ezecuted and delivered in presence of

JOHN DOE. [SEAL]
RICHARD ROE. [SEAL]

Contract for Hiring a Farm Hand

KNOW ALL MEN BY THESE PRESENTS:

That Walter A. Clyde agrees to work faithfully for Wm. R. Manbeck, as a general laborer on his farm, and to do any work that he may be called upon to do in connection therewith, in the township of Lisle, County of Dupage, and State of Illinois, for the period of one year, beginning the first day of February next, 1907, for the sum of Thirty Dollars per month.

In consideration of the services to be performed, the said Wm. R. Manbeck agrees to pay Walter A. Clyde Thirty Dollars per month.

In witness whereof, the said parties have hereunto set their hands this first day of January, 1911

WALTER A. CLYDE.
WM. R. MANBECK.

NOTE.-The above is a simple form of contract, and is legal and binding on both parties in any state and territory in the Union. Why don't farmers put their contracts in writing instead of having simply a verbal agreement? It would save argument, dispute, hot blood, and many times save trouble and lawsuits.