No. 61. Agreement for hire of automobile and services of chauffeur for definite period.3 THIS AGREEMENT, made January 5, 1923, between Doe Garage Co., a corporation, duly organized under the laws of the State of New York, and having its principal office at No. 112 Broadway, Borough of Manhattan, New York City (herein called the "First Party"), and Richard Roe, residing at No. 371⁄2 Broadway, Bor ough of Manhattan, New York City (herein called the "Second 'Party"), WITNESSETH: WHEREAS, the First Party is the owner of a Duplex automobile, 1921 touring car model, which it desires to rent to the Second Party, together with the services of a chauffeur, for a period of three months beginning on June 5, 1923, at a rental of three hundred ($300) dollars a month; and WHEREAS, the Second Party is willing to hire such automobile and services: Now, THEREFORE, IT IS HEREBY MUTUALLY Agreed, as follows: 1. That the First Party hereby rents to the Second Party the said Duplex automobile, 1921 touring car model, for use by the Second Party during any, or all, hours of the day, or night, during the period beginning June 5, 1923, and ending September 5, 1923. 2. That the First Party, at its own cost and expense, shall: (a) Hire and furnish to the Second Party a duly licensed chauffeur to drive said automobile, during said period; (b) Pay for all gasoline, oil, or other supplies, and make all repairs, which may be needed, in order to operate said automobile; and (c) Furnish garage space for said automobile, when it shall not be used by the Second Party. 3. That the Second Party shall pay to the First Party for the use of such automobile and the services of such chauffeur the sum of three hundred ($300) dollars a month, payable in advance on the fifth day of each month, during the term of this agreement. 4. That if the said automobile, and/or the said chauffeur, shall not be available for use by the Second Party, at any time, or times, that the Second Party may require, and if the First Party shall, at 'Adapted from McNamara v. Leipziger (1919), 227 N. Y. 291, 125 N. E. 244. any time, or times, fail to furnish a chauffeur and/or an automobile which shall be equal to the aforesaid automobile in appearance, durability and capacity, then, and in any such event, the Second Party shall be entitled to receive or may deduct from the next payment hereinbefore provided for the sum of fifteen ($15) dollars for each day that either the said automobile, and/or chauffeur, shall not be available for use by the Second Party. 5. That the First Party shall, within one day from the date hereof, procure insurance, which will indemnify and save harmless the Second Party from any and all liability, by reason of any accidents, or injuries, of any kind, which may result from the operation, or use, of the said automobile; and, if the First Party shall fail to obtain such insurance, the Second Party shall have the right to procure the same and to deduct the expense thereof from the second payment of rent herein provided for. IN WITNESS WHEREOF, the First Party has caused these presents to be signed by its President, and its corporate seal to be hereunto affixed, attested by its Secretary, and the Second Party has hereunto set his hand and seal, the day and year first above written. Doe Garage Co., By John Doe, (Seal) Attest: John Jones, Richard Roe (L.S.). No. 62. Agreement for hire of manufacturing plant, with option to purchase.* 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. 372 Broadway, Borough of Manhattan, New York City (herein called the "Second Party"), WITNESSETH: Cf. Bailey v. Colby (1856), 34 N. H. 29, 66 Am. Dec. 752; Young v. Leary (1892), 135 N. Y. 569, 32 N. E. 607. WHEREAS, the First Party is the owner of the certain manufacturing plant, which now is in the premises, known as No. 11% Broadway, Borough of Manhattan, New York City; and WHEREAS, the Second Party desires to rent the said manufacturing plant: Now, THEREFORE, IT IS HEREBY MUTUALLY Agreed, as follows: 1. That the First Party hereby leases to the Second Party, and the Second Party hereby hires from the First Party, for the term of one year from this date, at the yearly rental of fifty-two hundred ($5,200) dollars, to be paid in equal weekly installments of one hundred ($100) dollars each, on Saturday of each week, the manufacturing plant of the First Party, which is now in the premises, known as No. 111⁄2 Broadway, Borough of Manhattan, New York City, together with all fixtures, implements, tools, utensils, and other things, which are now in the said premises, and which are described in the schedule hereto annexed, and hereby made a part hereof. 2. That the First Party covenants that the property leased as aforesaid, and every part thereof, is free from all liens, encumbrances, claims and charges of any kind whatsoever. 3. (a) That the Second Party, at his own cost and expense, may remove the property leased as aforesaid from its present location to any other place in the Borough of Manhattan, New York City, wherein the Second Party may elect to use the said property, or any part thereof. (b) That the First Party may, from time to time, enter any premises wherein said leased property shall be, for the purpose of examining and inspecting the condition thereof. 4. That the Second Party shall exercise reasonable care, in using said property, and shall, at his own cost and expense, keep the same in repair, and shall replace any injured part, or parts, and, at the end, or other expiration, of this agreement (except as otherwise provided in paragraph "8" hereof), shall surrender the said property to the First Party, in as good order and condition ast they now are in, reasonable wear and tear resulting from the proper use thereof excepted. 5. That the Second Party shall, at his own cost and expense, but for the benefit of the First Party, immediately insure the said property in the sum of ten thousand ($10,000) dollars against loss or damage by theft or fire. 6. That punctuality in the payment of the rent aforesaid is of the essence of this agreement; and, if the Second Party shall fail to make any payment of rent, as and when the same shall become due hereunder, then the First Party shall have the right, at his election, without prior notice or demand, to take possession of the said leased property, and remove the same, and, for that purpose, to enter any premises where the same shall be, without being liable to any suit, or action, or other proceeding by the Second Party. 7. That, upon the First Party retaking possession of the said leased property, pursuant to the provisions of the preceding paragraph hereof, this agreement shall forthwith terminate, without prejudice, however, to any right, or claim, of the First Party, for arrears of rent, if any, or on account of any preceding breach or breaches of this agreement. 8. That, if the Second Party shall give notice to the First Party, on or before October 1st next, of his desire to purchase the property leased as aforesaid, the First Party will, upon the payment to him of the sum of ten thousand ($10,000) dollars, within ten (10) days after the service of such notice, by good and sufficient bill or bills of sale (or by, or with, such other instrument, or instruments, as the Second Party may properly demand), sell, assign, transfer and convey the said manufacturing plant and all other property mentioned in the annexed schedule, to the said Second Party, free from all liens, encumbrances, claims and charges of any kind whatsoever. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals, the day and year first above written. John Doe (L.S.). Richard Roe (L.S.). In the presence of John Jones. [Annex Schedule of Machinery, etc.] No. 63. Agreement for hire of team of horses." AGREEMENT, made January 5, 1923, between John Doe, residing at No. 112 Broadway, Borough of Manhattan, New York City Adapted from American Preservers Co. v. Drescher (1893), 4 Misc. 482, 24 N. Y. Supp. 361, 54 St. R. 266. (herein called the "Owner"), and Richard Roe, residing at No. 372 Broadway, Borough of Manhattan, New York City (herein called the "Hirer"), WHEREIN IT IS MUTUALLY AGREED, AS FOLLOWS: 1. That the Owner hereby lets to the Hirer, and the Hirer hereby hires from the Owner, his team of horses, consisting of one bay horse and one black horse. 2. That the Hirer shall pay to the Owner therefor the sum of ($10) dollars for each day, or part of a day, that said horses are, or either of them is, in the possession of the Hirer; and that the full amount of such rent, or charge, shall be paid to the Owner, at his office at No. 111⁄2 Broadway, Borough of Manhattan, New York City, not later than twelve o'clock, noon, on Saturday of each week. 3. That the Hirer shall not use the said horses, or either of them, without the City of New York, without first obtaining the Owner's written consent thereto. 4. That the Hirer shall, at his own cost and expense, forthwith insure the said horses for the benefit of the Owner, in the sum of seven hundred ($700) dollars against theft, injury, or death. 5. That, upon receiving written notice from the Owner to return the said horses, the Hirer shall immediately deliver the same to the Owner, at his aforesaid office, in the same condition that they were, when received by the Hirer. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals, the day and year first above written. In the presence of John Jones. John Doe (L.S.). No. 64. Agreement for pasturage of cattle." AGREEMENT, made January 5, 1923, between John Doe, residing at No. 112 Broadway, Borough of Manhattan, New York City (herein called the "Agister"), and Richard Roe, residing at No. 371⁄2 Broadway, Borough of Manhattan, New York City (herein called the "Owner"), Adapted from McAuley v. Harris (1888), 71 Texas 631. |