WHEREIN IT IS MUTUALLY AGREED, AS FOLLOWS:

I. The Owner hereby agrees to let to the Lessee, on a weekly hiring, the Doe sewing machine described as style 1-A, bearing No. 10200, and the accessories therefor; and, in consideration thereof, the Lessee hereby agrees, as follows:

(a) That the Lessee has received the said machine and accessories in good order.

(b) To pay the Owner, at its said place of business, the rent therefor, as follows:

1. The sum of five ($5) dollars in cash (for which a receipt, bearing the number 500, has been received by the Lessee), and which, with the allowance of ten ($10) dollars for the old machine No. 400, belonging to the Lessee, shall constitute the rent for the first week; and

2. The sum of fifteen ($15) dollars in cash, on the first business day of each week, until the said machine shall have been returned to the Owner, or purchased by the Lessee, as herein provided.

(c) To keep the said machine and accessories undefaced and in good order (theft, damage and loss by fire included), fair wear only excepted, and, at all times, to permit the Owner, or any person employed by it, to inspect the same.

(d) To keep the said machine and accessories in the Lessee's own custody, as bailee, at the address above stated, and not to remove the same, without the Owner's consent in writing first obtained, and to return the same in good order, at the termination of this lease.

(e) That, if the Lessee shall not duly perform this agreement, the Owner may (without prejudice to its right to recover arrears of rent and damages for breach of this agreement), summarily terminate this lease and retake possession of the said machine and accessories, and, for that purpose, leave and license is hereby given to the Owner to enter any premises occupied by the Lessee, or of which the Lessee is a tenant, to search for and retake possession of said machine and accessories, without notice, and without being liable to any suit, action, indictment or other proceeding by the Lessee, or any one claiming under him.

(f) That, when this lease is terminated, or the said chattel, is, in any manner, repossessed by the Owner, the Lessee shall not, on any ground whatsoever, statutory or otherwise, be entitled to any allowance, credit, return, or set off, for payments previously made,

but all such payments theretofore made shall be retained by the Owner as compensation for the use thereof, and that, except as forbidden by law, the Lessee hereby waives the provisions of the Personal Property Law of the State of New York.

(g) That time, indulgence, or concession, granted by the Owner to the Lessee, shall not alter, or invalidate this agreement, nor constitute a waiver of any of the provisions hereof, after such time, indulgence, or concessions shall have been granted.

(h) That the value of the machine hereby rented is three hundred ($300) dollars; and that he will accept, as an allowance for the Lessee's old machine, the sum of ten ($10) dollars; and the Lessee hereby sells the said old machine to the Owner.

(i) The Lessee hereby acknowledges the receipt of a true and correct copy of this lease.

1. That the Lessee may terminate this lease at any time, by delivering to the Owner said machine and accessories.

2. That the Lessee may, at any time, become the purchaser of said machine and accessories, by paying in cash to the Owner the value thereof stated above.

3. That, if such purchase shall be effected, credit will be given to the Lessee for the allowance made for the Lessee's old machine, if any, and for all cash payments previously made, under this agreement.

4. That, if full payment is made within a period of one month from the date hereof, a discount of five (5%) per cent shall be allowed from the said stated value.

5. That, if full payment is made within a period of three months from the date of this agreement, a discount of two (2%) per cent shall be allowed from the said stated value.

6. That, if payments are made regularly upon this account, at the rate of fifteen ($15) dollars per month, a discount of one (1%) per cent shall be allowed from the said stated value.

Witness, the hands of the parties.

Doe Sewing Machine Co.,

By John Doe.

In the presence of

John Jones,

12 Broadway, New York City.

Richard Roe.

CHAPTER VI

DEBTOR AND CREDITOR

No. 123-Agreement of adjoining land owners, whereunder one is permitted to erect a party wall, and the other agrees to pay his share of the value, upon using it.

No. 124-Agreement of adult ratifying debt incurred when a minor.

No. 125-Agreement of arbitrators selecting and appointing a third arbitrator-official form.

No. 126-Agreement of composition.

No. 127-Agreement of composition, made after assignment for benefit of creditors, whereunder assignee is to resign and to account to creditors' committee, and third party conveys real property to creditors' committee in consideration of creditors releasing debtor, and creditors' committee is authorized to manage and sell all property of debtor, and to distribute proceeds among the creditors, No. 128 Agreement of compromise and settlement to avoid contest of will.

No. 129 Agreement of compromise and settlement of claim for liquidated damages, whereunder pending action is to be discontinued.

No. 130 Agreement of compromise and settlement, whereunder fixed sum is to be paid monthly for life to one party,

who agrees to assign and surrender certain instruments 18, too, and to withdraw and refrain from making statements (31) 90 derogatory to other party and his wife.

No. 131-Agreement of creditor to pay debtor's debt to another

creditor.

No. 138Agreement between lender and merchant for loaning money upon the latter's merchandise accounts.

No. 133-Agreement for building loan.

No. 134-Agreement for loan to member of a joint adventure by trust company, which is to receive and disburse the moneys earned by the joint adventure.

No. 135-Agreement reviving debt barred by statute of limitations. No. 136-Agreement submitting controversy to arbitrator for hearing and decision-official form.

No. 137-General release.

No. 138-Mutual releases between an individual and an administratrix of an estate acting in her individual and representative capacity.

No. 139-Plan and agreement for re-adjustment of indebtedness of two corporations, whereunder mortgage and debenture bonds are to be exchanged for new debentures, guaranteed as to principal and interest by another corporation, with notice of adoption of plan.

No. 140-Plan and agreement for reorganization of corporation, whereunder new corporation is to be formed to take over all of its assets, subject to existing claims and indebtedness, which new corporation is to assume and to pay partly in cash and partly by issue of bonds, 'and whereunder stockholders of old corporation are to receive stock of new corporation in exchange for their holdings. No. 141-Agreement whereunder reorganization committee is authorized by bondholders to prepare, adopt and execute a plan for the reorganization of a railway company, which has defaulted on its mortgage.

No. 123.

Agreement of adjoining land owners, whereunder one is permitted to erect a party wall, and the other agrees to pay his share of the value, upon using it.1

: THIS AGREEMENT, made January 5, 1923, between John Doe, residing at No. 112 Broadway, Borough of Manhattan, New York City (herein called the "First Party"), and Richard Roe, residing at No. 371⁄2 Broadway, Borough of Manhattan, New York City (herein called the "Second Party"), WITNESSETH:

WHEREAS, the First Party is the owner of a parcel of land situated on the northerly side of 46th Street between Whiteacre and Blackacre Avenues, in the Borough of Manhattan, New York City, being the same premises conveyed to the First Party by Henry Koe, 1 Adapted from Sebald v. Mulholland (1898), 155 N. Y. 455, 50 N. E. 260.

by deed dated May 20, 1922, and recorded in the office of the register of the county of New York on May 20, 1922, in liber 14a of conveyances, page 255; and

WHEREAS, the Second Party is the owner of the parcel of land adjoining the aforesaid property of the First Party, on the easterly side thereof, being the same premises conveyed to the Second Party by Richard Koe, by deed dated April 16, 1920, and recorded in the office of the register of the county of New York on April 16, 1920, in liber 15a, of conveyances, page 360; and

WHEREAS, the First Party is about to erect a building on his aforesaid parcel of land; and

WHEREAS, it has been agreed that the wall of said building shall be a party wall, and shall be constructed and erected, to the extent of one-half of its thickness, upon the aforesaid land of each party:

Now, THEREFORE, IT IS HEREBY MUTUALLY AGREED, as follows: 1. That the said wall so to be constructed by the First Party shall be used and maintained as a party wall forever.

2. That the First Party shall be permitted, freely and without interference, or hindrance, to enter upon the parcel of land of the Second Party, for the purpose of excavating and constructing the said party wall.

3. That the said party wall so to be constructed shall not extend nearer the street than the front wall of the building on the easterly side of said parcel of land, from which point it may be extended northerly for a distance not exceeding fifty-five (55) feet; that the party wall so to be constructed shall be laid on good and sufficient bottom stone, which shall be bedded not less than nine (9) feet below the curbstone in front of the dividing line between the said parcels of land; that the foundation of said wall so to be constructed shall be made and constructed of good stone, and shall be not less than twenty-four (24) inches in thickness to the underside of the first tier beams; that, above the underside of the first tier beams, it shall be made and constructed of sound hard brick, and shall be not less than sixteen (16) inches in thickness all of the way up to the roof of the building of the First Party; and that it shall be extended and constructed to a proper height above the roof of such building, and shall be covered with a proper coping of bluestone.

4. That, whenever the Second Party shall desire to use said party wall, the Second Party shall pay such proportion of the value