tSGAI, DEPARTMBNT. 567 



however, which the law will not enforce. That is, if the thing to be 

 done is illegal, against the law, immoral, that is, contrary to good mor- 

 als, (injurious to, or interfering with the public welfare), in general re- 

 straint of trade, such as an agreement not to oonduct a certain lawful 

 businsss anywhere, either for a a limited or unlimited time, in general 

 restraint of marriage, such as a condition that a child may not marry 

 any person living in the same State or following some particular profes- 

 sion or trade, if the subject matter operates as a fraud on third persons, 

 obstructs public justice, that is, suppresses evidence, bribes witnesses or 

 officers, or if already compelled by law, because an agreement to do 

 what is already required of one will not increase the obligation, or if it 

 has in it in any way, the element of fraud, we cannot expect the law to 

 enforce the contract. 



Muttial Assent. This is defined to be a meeting of minds. There 

 can be no binding contract without the assent of both parties; and they 

 must assent at the same time and to the same thing. Mutual assent 

 consists of an offer by one party and its acceptance by the other; when 

 the offer is verbal, and the time allowed for acceptance is not mentioned 

 it must be accepted immediately to make a contract. But in case the 

 offer and acceptance are written and pass through the mails, the con- 

 tract is complete when the acceptance is mailed; provided the person ac- 

 cepting has received no notice of the withdrawal of the offer before mail- 

 ing his letter. When the offer calls for an answer by return mail, any 

 acceptance later than by return mail will not be binding on the party 

 making the offer. 



Time. When the time in which a contract is to be performed is not 

 expressed, the execution of the contract must be within a reasonable 

 time; and this is to be determined by the thing to be done. 



Construction of Contracts. In the construction of contracts no 

 particular form of words is necessary, but the intention of the parties 

 should be clearly and definitely stated. 



Ignorance of I^aw. This is no reason for an omission or breach 

 of contract; every one is supposed to know the law. 



Simple Contracts are Expressed, Implied, Verbal, Written, Joint, 

 and Several. 



Verbal Contract. A contract made by mere words spoken by the 

 parties is called a verbal contract. 



Written Contract. A contract in which the agreement is in writ- 

 ing is called a written contract. It is no stronger than a verbal one 



