14 J 
CON 
stoERATiOM. Every contract doth imply in itfelf an 
alfumpfit in law, to perform the fame ; for a contract 
would be to no pprpofe, if there were no means to en¬ 
force the performance thereof. Where an adtion i« 
brought upon a contract, and the plaintiff miftakes the 
fum agreed upon, he will fail in his action ; but if lie 
brings his action on the promife in law, which arifes 
from tlie debt, there, although he miftakes the fum, he 
fhall recover. Altyn 29. There is a diverlity where a 
day of payment is limited on a contract, and where not; 
for where it is limited, the contrail is good.prefently, 
and an aftion lies upon it, without payment; but in the 
other not. If a man buys twenty yards of cloth, &c. 
the contrail is void, if he do not pay the money pre- 
fently ; but if day of payment be given, there the one 
may have an action for the money, and the other trover 
for the cloth. Dyer i 93. Where a feller fays to a buyer, 
he will fell his horfe for fo much, and the buyer fays he 
will give it; if he prefently tell out the money it is a 
contrail; but if he do not, it is no contrail. Noy's Max. 
87. Hob. 41. The. property of any thing fold is in the 
buyer immediately by the contrail ; though regularly it 
mud be delivered to the buyer, before the lellcr can 
bring his aition for the money. Noy 88. If one contrail 
to buy a horfe or other thing of me, and no money is 
piaid, or earned given, nor day fet for payment thereof, 
nor the thing delivered ; in thefe cafes nh ailion will lie 
for the money, or the thing fold, but it may be fold to 
another. Plowd. 128. 
• All contrails are to be certain, perfeft, and complete ; 
for an agreement to give fo much for a thing as it diall 
be reafonably worth, is void for incertainty ; fo a promife 
to pay money in a fhort time, or to give fo much, if he 
likes the thing when he fees it. 1 Buljl. 92. But if I 
contrail with another to give him ten pounds for fuch a 
thing, if I like it on feeing the fame ; this bargain is 
faid to be perfeit at my pleafure : though I may not 
take the thing before I have paid the money ; if I do, 
the feller may have trefpafs againd me ; and if he fell 
it to another, I may bring an ailion on the .cafe againd 
him. Noy 104. If a contrail be to have for cattle fold 
ten pounds if the buyer do a certain thing, or elfe to 
have twenty pounds, it is a good contrail, and certain 
enough. And if I agree with a perfon to give him fo 
much for his horfe, as J. S. (hall judge him worth, 
when he hath judged it, the contrail is complete, and 
an aition will lie on it; and the buyer fhall have a rea- 
fonable time to demand the judgment of J. S. But if 
he dies before the judgment is given, the contrail is 
determined. Perk. 112. Shop. Air. 294. In contrails, the 
time is to be regarded, in and from which the contrail is 
made : the words diall be taken in the common and ufual 
fenfe, as they are taken in that place where fpoken; and 
'the law doth not fo much look upon the form of words, 
as on th.e Jubilance and mind of the parties therein. 1 
Bulft. 175. A contrail for goods may be made as well by 
word of mouth, as by deed in writing ; and where it is 
in writing only, not damped, fealed, and delivered, it is 
all one as by word. But if the contrail be by writing, 
damped, fealed, and delivered, and fo turned into a 
deed, then it is of another nature ; and in this cafe ge¬ 
nerally the ailion on the verbal contrait is gone, and 
fome other aition lies for breach thereof. Plowd. 130. 
Contrails, not to be performed in a year, are to be in 
writing, figned by the party, ice. or no aition may be 
brought on' them : but if r.o day is let, or the time is 
uncertain, they may be good without it. 29 C«r. II. c.. 3. 
And by the fame datute, no contrait for the fale of 
goods for ten pounds or upwards, diall be good, unlefs 
the buyer receive part of the goods fold ; or give fome- 
thing in earned to bind the contrait; or lome note 
thereof be made in writing, figned by the perfon charged 
with the contrait, &c. If twb perlons come to a dra¬ 
per, and one fays, let this man have fo much cloth, and 
I will pay you ; there the fale is to the undertaker only, 
Vol. V. No. 260, 
CON 
though the delivery is to another by his appointment: 
but if a contrait be made with A. B. and the vendor 
fcruples to let the goods go without money, and C. D. 
comes to him and defires him to let A. B. have the 
goods; and undertakes that he diall pay him for them, 
that will be a promife within the datute 29 Car. II. c. 3. 
and ought to be in writing. Mod. Caf. 249. A contract 
made and entered into upon good confideration, may for 
good condderations be dilfolved. For pfurious contracts, 
fee Usury. 
CONTRACT'EDNESS,/. The date of being con 
trailed; contraftion. 
CONTRACTIBTLITY,/. Poffibility of being com 
trailed; quality of differing contrailion.—By this con¬ 
tinual contra&ibility and dilatability by 'different degree - 
of heat, the air is kept in aronftant motion. Arbuihnot. 
CONTRACITBLE, adj. Capable of contraction.-- 
Small air bladders, dilatable and contractible, are capable 
to be inflated by the admifiion of air, and to fubfide at 
the expulflon of it. Atbuthnot. 
CONTR AC 1 TBLENESS,/ The quality of differ¬ 
ing contrailion. 
CONTRACTILE, adj. Having’the power of con¬ 
trailion, or of (hortening itfelf.—Tire arteries are eladic 
tubes, endued with a contraCUD force, by which they 
fqueeze and drive the blood dill forward. Arbuthnot. 
CONTRACTION,/, [contMlio, Lat.] The aft of 
contrafting or fhortening.—The marn-parts of tire poem, 
fuch as the fable and fentiments, no tranflator can preju¬ 
dice, but by omiflions or contractions. Pope. —The aft of 
flrrinking or flrrivelliirg.—Oil of vitriol will throw the 
doraach into involuntary contractions. Arbuthnot.. —The 
date of being contrafted, or drawn into a narrow corrr- 
pafs.—Some things induce .a contraction in the nerves, 
placed in the mouth of the dornaeh, which is a great 
caufe of appetite. Bacon. —[ In grammar. ] The reduction 
of two vowels or fylluble.s to one.—Any thing in its date 
of abbreviation or contraftion : as, the writing is full of 
contraftions.—Marriage-contraft: 
Such a deed 
As from tire body of contraction pulls 
The very foul. S/iakfpcare. 
CONTRACTOR,/ One of the parties to a contract 
or bargain.—Let the rneafure of your affirmation or de¬ 
nial be the underdandhrg of your contractor ; for lie that 
,deceives the buyer or the feller by fpeaking what is true, 
in a fenfe not underdood by the others, is a thief. Tay¬ 
lor. —All matches, friendilrips, and- focieties, are danger¬ 
ous and inconvenient, where the contraftors are not 
equals. 1 : F.Jirange. 
To CONTRADI'CT, v. a. [contradico , Lat.] To op- 
pofe verbally ; to aflert the contrary to what has been 
afferted.—It is not lawful to contradict a point of hidory 
which is known to all the world, as to make Hannibal 
arid Scipio contemporaries with Alexander. Dry den .—To 
be contrary to.; to repugn; to oppofe.—No truth can 
contradict any truth. Hooker. 
1 contradict your banes 
If you will marry, make your loves to me. S/iakfpcare. 
CONTRADIC'TER, /. One that contradicts ; one 
that oppofes ; an oppofer.—If a gentleman is a little iin- 
cere in His reprefentations, he is fare to have' a dozen 
contradiElcrs. Swift. 
CONTRADICTION, /. Verbal oppofition ; contro- 
verbal affertion : 
That tonffuc, 
Infpir’d with contradiction, durd oppofe 
A third part of the gods. Milton. 
Oppofition.—Conflder him that endureth fuch contradic¬ 
tion of Tinners againd himfelf, led ye be wearied. He¬ 
brews, xii. 3.—Inconfidency with itfelf, incongruity in 
words or thoughts.—If truth be once perceived, we do 
O o thereby 
