568 LEGAL DEPARTMBNT. 



when the law allows it to be verbal, but the method of proof is different; 

 the written contract generally proves itself. 



Expressed Contract. An expressed contract is either verbal or 

 in writing, in which the terms of the agreement are openly, fully and 

 clearly stated. 



Implied Contract. A contract in which the law presumes what 

 must have been the agreement intended by the parties, is called an im- 

 plied contract. 



Joint Contract. A contract in which the parties are jointly (that 

 is together) , bound to perform the contract or agreement, is called a 

 joint contract. 



Several Contract. A contract in which two or more persons prom- 

 ise, each for himself, that he will do the whole thing promised, is called 

 a several contract. 



. Contracts in Writing. While there are certain contracts that are 

 not required to be in writing, yet it is safest and best to put them in 

 black and white, because it may prevent frequent misunderstandings. 

 Trouble more often comes from misunderstandings of verbal contracts 

 than because the parties to the contract are dishonest. Often the party 

 who wishes to deceive has a considerable bargaining before the agreement 

 is concluded, and when the final agreement is made only a few words 

 are exchanged, and these before an "accidental" witness. The previ- 

 ous remarks and guarantees given without witness are not in evidence 

 in case of dispute. The facts sworn to by the "accidental" witness that 

 no conversation like that which had been previously stated took place at 

 the closing of bargain, and the case will be decided on the evidence of 

 the "accidental" witness supported by the evidence of his "friend." 



Contracts that Must be Written. Contracts for the conveyance 

 of real estate; contracts for the lease of land for more than one year; 

 contracts made upon consideration of marriage; contracts to answer for 

 the debt, default, or wrongful act of another; contracts that are nc»t to 

 be performed within one year; and contracts for the sale of personal 

 property of a specified value (usually fifty dollars); unless the sale is by 

 auction, or the buyer pays part of the purchase-price, or the seller de- 

 livers part of the goods. 



Guarantee. The seller of goods is not liable for the quality of the 

 goods sold, unless he has represented or concealed something fraudu- 

 lently, or has warranted them good and sound. 



The rule is: "If there is no expressed warranty by the seller, nor 



