PARTIES CONTRACTS

Contractus legem ex conventione accipiunt defined: The agreement of the

parties makes the law of the contract. Dig. 16, 3, 1, 6. A Law Dictionary
Adapted To The Constitution and Laws of the United States of America and of the Several
States of the American Union by John Bouvier Revised Sixth Edition, 1856
Conventio vincit legem defined: The agreement of the parties overcomes
or prevails against the law. Story, Ag. Sec. See Dig. 16, 3, 1, 6. A Law
Dictionary Adapted To The Constitution and Laws of the United States of America and of the
Several States of the American Union by John Bouvier Revised Sixth Edition, 1856
Quod ipsis qui contraxerunt obstat, et successoribus eorum obstabit
defined: That which bars those who have made a contract will bar their
successors also. Blacks Law Dictionary Sixth Edition (page 1253)

PARTIES defined: contracts. Those persons who engage themselves to do,
or not to do the matters and things contained in an agreement. 2. All
persons generally can be parties to contracts, unless they labor under
some disability. 3. Consent being essential to all valid contracts, it
follows that persons who want, first, understanding; or secondly,
freedom to exercise their will, cannot be parties to contracts. Thirdly,
persons who in consequence of their situation are incapable to enter
into some particular contract. These will be separately considered. 4.-
Sec. 1. Those persons who want understanding, are idiots and lunatics;
drunkards and infants, 5.-1. The contracts of idiots and lunatics, are
not binding; as they are unable from mental infirmity, to form any
accurate judgment of their actions; and consequently, cannot give a
serious and sufficient consideration to any engagement. And although it
was formerly a rule that the party could not stultify himself; 39 H. VI.
42; Newl. Contr. 19 1 Fonb. Eq. 46, 7; yet this rule has been so
relaxed, that the defendant may now set up this defense. 3 Camp. 128; 2
Atk. 412; 1 Fonb. Eq. n. d.; and see Highm. on Lun. 111, 112; Long on
Sales, 14; 3 Day's Rep. 90 Chit. on Contr. 29, 257, 8; 2 Str. 1104. 6.-
2. A person in a state of complete intoxication has no agreeing mind;
Bull. N. P. 172; 3 Campb. 33; Sugd. Vend. 154 Stark. Rep. 126; and his
contracts are therefore void, particularly if he has been made
intoxicated by the other party. 1 Hen. & Munf. 69; 1 South. Rep. 361; 2
Hayw. 394; see Louis. Code, art. 1781; 1 Clarke's R. 408. 7.-3.
In general the contract of an infant, however fair and conducive to his
interest it may be, is not binding on him, unless the supply of
necessaries to him be the object of the agreement; Newl. Contr. 2; 1 Eq.
Cas. Ab. 286; l Atk. 489; 3 Atk. 613; or unless he confirm the agreement
after he shall be of full age. Bac. Abr. Infancy; I 3. But he may take
advantage of contracts made with him, although the consideration were
merely the infant's promise, as in an action on mutual promises to
marry. Bull. N. P. 155; 2 Str. 907; 1 Marsh. (Ken.) Rep. 76; 2 M. & S.
205. See Stark. Ev. pt. iv. page 724; 1 Nott & McCord, 197; 6 Cranch,
226; Com. Dig. Infant; Bac. Abr. Infancy and Age; 9 Vin. Ab. 393, 4;
Fonb. Eq. b. 1 c. 2; Sec. 4, note b; 3 Burr. 1794; 1 Mod. 25; Str. 937;
Louis. Code, article 1778. 8.-Sec. 2. Persons who have understanding,
who, in law, have not freedom to exercise their will, are married women;
and persons under duress. 9.-1. A married woman has, in general,
no power or capacity to contract during the coverture. Com. Dig. Baron &
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Feme, W; Pleader, 2 A 1. She has in legal contemplation no separate
existence, her husband and herself being in law but one person. Litt.
section 28; see Chitty on Cont. 39, 40. But a contract made with a
married woman, and for her benefit, where she is the meritorious cause
of action, as in the instance of an express promise to the wife, in
consideration of her personal labor, as that she would cure a wound;
Cro. Jac. 77; 2 Sid. 128; 2 Wils. 424; or of a bond or promissory note,
payable on the face thereof to her, or to herself and husband, may be
enforced by the husband and wife, though made during the coverture. 2 M.
& S. 396, n. b.; 2 Bl. Rep. 1236; 1 H. Black. 108. A married woman has
no original power or Authority by virtue of the marital tie, to bind her
husband by any of her contracts. The liability of a husband on his
wife's engagements rests on the idea that they were formed by his
authority; and if his assent do not appear by express evidence or by
proof of circumstances from which it may reasonably, be inferred, he is
not liable. 1 Mod. 125; 3 B. & C. 631; see Chitty on Cont. 39 to 50.
10.-2. Contracts may be avoided on account of duress. See that word, and
also Poth. Obl. P. 1, c. 1, s. 1, art. 3, Sec. 2. 11.-Sec. 3. Trustees,
executors, administrators, guardians, and all other, persons who make a
contract for and on behalf of others, cannot become, parties to such
contract on their own account; nor are they allowed in any case to
purchase the trust estate for themselves. 1 Vern. 465; 2 Atk. 59; 10
Ves. 3; 9 Ves. 234; 12 Ves. 372, 3 Mer. Rep. 200; 6 Ves. 627; 8 Bro. P.
C. 42 10 Ves. 381; 5 Ves. 707; 13 Ves. 156; 1 Pet. C. C. R. 373; 3 Binn.
54; 2 Whart. 53; 7 Watts, 387; 13 S. & R, 210; 5 Watts, 304; 2 Bro. C.
C. 400; White's L. C. in Eq. *104-117; 9 Paige, 238, 241, 650, 663; 1
Sandf. R. 251, 256; 3 Sandf. R. 61; 2 John. Ch. R. 252; 4 How. S. C.
503; 2 Whart. 53, 63; l5 Pick. 24, 31. As to the transactions between
attorneys and others in relation to client's property, see 2 Ves. jr.
201; 1 Madd. Ch. 114; 15 Ves. 42; 1 Ves. 379; 2 Ves. 259. The contracts
of alien enemies may in, general be avoided, except when made under the
license of the government, either express or implied. 1 Kent, Com. 104.
See 15 John. 6; Dougl. 641. As to the persons who make contracts in
equity, see Newl. Cont. c. 1, pp. l to 33. A Law Dictionary Adapted To The
Constitution and Laws of the United States of America and of the Several States of the
American Union by John Bouvier Revised Sixth Edition, 1856

PAROL defined: More properly parole. A French word, which means
literally, word or speech. It is used to distinguish contracts which are
made verbally or in writing not under seal, which are called, parol
contracts, from those which are under seal which bear the name of deeds
or specialties (q.v.) 1 Chit. Contr. 1; 7 Term. R. 3 0 351, n.; 3 Johns.
Cas. 60; 1 Chit. Pl. 88. It is proper to remark that when a contract is
made under seal, and afterwards it is modified verbally, it becomes
wholly a parol contract. 2 Watts, 451; 9 Pick. 298; 13 Wend. 71. 2.
Pleadings are frequently denominated the parol. In some instances the
term parol is used to denote the entire pleadings in a cause as when in
an action brought against an infant heir, on an obligation of his
ancestors, he prays that the parol may demur, i. e., the pleadings may
be stayed, till he shall attain full age. 3 Bl. Com. 300; 4 East, 485 1
Hoffm. R. 178. See a form of a plea in abatement, praying that the parol
may demur, in 1 Wentw. Pl. 43; and 2 Chit. Pl. 520. But a devisee
cannot pray the parol to demur. 4 East, 485. 3. Parol evidence is
evidence verbally delivered by a witness. As to the cases when such
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evidence will be received or rejected, vide Stark, Ev. pt. 4, p. 995 to
1055; 1 Phil. Ev. 466, c. 10, s. 1; Sugd. Vend. 97. A Law Dictionary Adapted
To The Constitution and Laws of the United States of America and of the Several States of
the American Union by John Bouvier Revised Sixth Edition, 1856
AGENCY defined: contracts. An agreement, express, or implied, by which
one of the parties, called the principal, confides to the other,
denominated the agent, the management of some business; to be transacted
in his name, or on his account, and by which the agent assumes to do the
business and to render an account of it. As a general rule, whatever a
man do by himself, except in virtue of a delegated authority, he may do
by an agent. Combee's Case, 9 Co. 75. Hence the maxim qui facit per
alium facit per se. 2. When the agency express, it is created either by
deed, or in writing not by deed, or verbally without writing. 3 Chit.
Com. Law 104; 9 Ves. 250; 11 Mass. Rep. 27; Ib. 97, 288; 1 Binn. R. 450.
When the agency is not express, it may be inferred from the relation of
the parties and the nature of the employment, without any proof of any
express appointment. 1 Wash. R. 19; 16 East, R. 400; 5 Day's R. 556. 3.
The agency must be antecedently given, or subsequently adopted; and in
the latter case there must be an act of recognition, or an acquiescence
in the act of the agent, from which a recognition may be fairly implied.
9 Cranch, 153, 161; 26 Wend. 193, 226; 6 Man. & Gr. 236, 242; 1 Hare &
Wall. Sel. Dec. 420; 2 Kent, Com. 478; Paley on Agency; Livermore on
Agency. 4. An agency may be dissolved in two ways - 1, by the act of the
principal or the agent; 2, by operation of law. 5.-1. The agency may be
dissolved by the act of one of the parties. 1st. As a general rule, it
may be laid down that the principal has a right to revoke the powers,
which he has given; but this is subject to some exception, of which the
following are examples. When the principal has expressly stipulated that
the authority shall be irrevocable, and the agent has an interest in its
execution; it is to be observed, however, that although there may be an
express agreement not to revoke, yet if the agent has no interest in its
execution, and there is no consideration for the agreement, it will be
considered a nude pact, and the authority may be revoked. But when an
authority or power is coupled with an interest, or when it is given for
a valuable consideration, or when it is a part of a security, then,
unless there is an express stipulation that it shall be revocable, it
cannot be revoked, whether it be expressed on the face of the instrument
giving the authority, that it be so, or not. Story on Ag. 477; Smith on
Merc. L. 71; 2 Liv. on Ag. 308; Paley on Ag. by Lloyd, 184; 3 Chit. Com.
f. 223; 2 Mason's R. 244; Id. 342; 8 Wheat. R. 170; 1 Pet. R. 1; 2
Kent, Com. 643, 3d edit.; Story on Bailm. Sec. 209; 2 Esp. R. 665; 3
Barnw. & Cressw. 842; 10 Barnw. & Cressw. 731; 2 Story, Eq. Jur. Sec.
1041, 1042, 1043 6.-2. The agency may be determined by the renunciation
of the agent. If the renunciation be made after it has been partly
executed, the agent by renouncing it, becomes liable for the damages
which may thereby be sustained by his principal. Story on Ag. Sec. 478;
Story on Bailm. Sec. 436; Jones on Bailm. 101; 4 John r. 84. 7.-2 The
agency is revoked by operation of law in the following cases: 1st. When
the agency terminates by the expiration of the period, during which it
was to exist, and to have effect; as, if an agency be created to endure
a year, or till the happening of a contingency, it becomes extinct at
the end or on the happening of the contingency. 8.-2. When a change of
condition, or of state, produces an incapacity in either party; as, if
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the principal, being a woman, marry, this would be a revocation, because
the power of creating an agent is founded on the right of the principal
to do the business himself, and a married woman has no such power. For
the same reason, when the principal becomes insane, the agency is ipso
facto revoked. 8 Wheat. R. 174, 201 to 204; Story on Ag. Sec. 481; Story
on Bailm. Sec. 206. 2 Liv. on Ag. 307. The incapacity of the agent also
amounts to a revocation in law, as in case of insanity, and the like,
which renders an agent altogether incompetent, but the rule does not
reciprocally apply in its full extent. For instance, an infant or a
married woman may in some cases be agents, although they cannot act for
themselves. Co. Litt. 52a. 9.-3. The death of either principal or
agent revokes the agency, unless in cases where the agent has an
interest in the thing actually vested in the agent. 8 Wheat. R. 174;
Story on Ag. Sec. 486 to 499; 2 Greenl. R. 14, 18; but see 4 W. & S.
282; 1 Hare & Wall. Sel. Dec. 415. 10.-4. The agency is revoked in
law, by the extinction of the subject-matter of the agency, or of the
principal's power over it, or by the complete execution of the trust.
Story on Bailm. Sec. 207, Vide generally, 1 Hare & Wall. Sel. Dec. 384,
422; Pal. on Ag.; Story on Ag.; Liv. on Ag.; 2 Bouv. Inst. n. 1269-1382.
A Law Dictionary Adapted To The Constitution and Laws of the United States of America and
of the Several States of the American Union by John Bouvier Revised Sixth Edition, 1856

ORGANIZATION defined: As term is used in commercial law, includes a
corporation, government or governmental subdivision or agency, business
trust, estate, trust, partnership or association, two or more persons
having a joint or common interest, or any other legal or commercial
entity. U.C.C. 1-201(28). See also Charitable organizations. Blacks Law
Dictionary Sixth Edition (page 1099)
IN FACT defined: Actual, real; as distinguished from implied or
inferred. Resulting from the acts of parties, instead of from the act or
intendment of law. Blacks Law Dictionary Sixth Edition (page 777)
Qui tacet, consentire videtur defined: He who is silent is supposed to
consent. The silence of a party implies his consent. Blacks Law Dictionary
Sixth Edition (page 1251)

Quod meum est sine facto meo vel defectu meo amitti vel in alium
transferri non potest defined: That which is mine cannot be lost or
transferred to another without my alienation or forfeiture. Blacks Law
Dictionary Sixth Edition (page 1253)

Quod meum est sine me auferri non potest defined: That which is mine
cannot be taken away without me [without my assent]. Blacks Law Dictionary
Sixth Edition (page 1253)
Non deberet alii nocere quod inter alios actum esset defined: No one
ought to be injured by that which has taken place between other parties.
Blacks Law Dictionary Sixth Edition (page 1052)
PUBLIC ACTS defined: are those which have a public authority, and which have been made
before public officers, are authorized by a public seal, have been made public by the
authority of a magistrate, or which have been extracted and been properly authenticated
from public records. Blacks Law Dictionary Sixth Edition (page 26)
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