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ANNOTATED FORMS
OF AGREEMENT

BY

SAUL GORDON

MEMBER OF THE NEW YORK BAR

INTRODUCTION

BY

I. MAURICE WORMSER

EDITOR OF THE "NEW YORK LAW JOURNAL"

PROFESSOR OF LAW, FORDHAM UNIVERSITY SCHOOL OF LAW

KNOWLEDGE
Is BACK
OF ALL
ACHIEVEMENT

PRENTICE-HALL

NEW YORK
PRENTICE-HALL, INC.

HF 1254.1
G66

@43604

Copyright, 1923, by

SAUL GORDON

All rights reserved

TO

M. G., F. F., AND J. M. G.

(Ab initio ad finem)

PREFACE

THE aim of this book is to furnish a collection of forms of agreement, which bear the hall-mark of sound usage. As the foot-notes indicate, most of the forms have been drawn from the reservoirs of litigation. The meaning and effect of many of them have been judicially determined, either in whole or in part, and, to that extent, they may be regarded as adjudicated precedents. Such of the forms as have been involved in litigation, but have not been judicially considered, have been subjected to the scrutiny of contending counsel, and, in the absence of objection by them, it may be assumed that they have been tried and, unlike the Babylonians of old, have not been found wanting. Those forms which have not been entangled in litigation have been drafted and successfully used by attorneys whose experience and skill lend authority to their work. No form, however, has been included, without having been subjected to the test of a painstaking examination of the law applicable to it. Supporting citations have, of course, been added by me.

In the present unscientific state of legal terminology, it may not be amiss to point out that the word "agreement," as used herein, has been employed in its most inclusive legal sense. The same condition has made it necessary to adopt the encyclopedic method in arranging the chapters of the book. Although nearly all of the forms are matters of public record, changes have been made in the names of contracting parties, dates, etc., in order to give the forms an impersonal air. While effort has not been spared to clarify the language of the forms, the temptation has been resisted to carry the process of simplification to the point of modifying, or changing, matters of substance-a course which might detract from the value of the forms as precedents. Obscurities in language and objections pointed out by the courts have, however, been eliminated.

It is hoped that the character and variety of the forms will enable the user adequately to cope not only with the simple, but, also, with the most intricate contractual relations born of the

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