LEGAL DEPARTMENT. 6ll 



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 implied 

 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 promise, 

 each for himself, that he will do the whole thing promised, is called a sev- 

 eral 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 agree- 

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

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

 vious 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 previously been 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 three years, or 

 for less than two thirds of the full rent ; contracts made upon the con- 

 sideration of marriage ; contracts to answer for the debt, default, or 

 wrongful act of another ; contracts that are not to be performed within 

 one year, and contracts for the sale of personal property of a specified 

 value (usually $40.00), unless the sale is by auction, or the buyer pays 

 part of the purchase price, or the seller delivers 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. 



