FREE BOOKS

Author's List




PREV.   NEXT  
|<   192   193   194   195   196   197   198   199   200   201   202   203   204   205   206   207   208   209   210   211   212   213   214   215   216  
217   218   219   220   221   222   223   224   225   226   227   228   229   230   231   232   233   234   235   >>  
e side and an acceptance on the other, and the agreement can be fully shown from the series of letters, this is sufficient writing. If a man buys a farm and pays a part of the price and goes away saying that he will pay the remainder within a week, expecting then to do so and receive a deed, the seller, if he chooses, can escape giving that deed and parting with his farm. The payment of a part of the money does not bind the bargain, nor will the courts, though knowing this, compel the seller to give such a deed. The reader may ask, if this is the law, cannot the farmer practise a fraud on the buyer by receiving his money and keeping it and the farm too? He cannot do both things. If he refuses to give the deed he must, on the other hand, return the money; if he refuses to do this the buyer can compel him by a proper legal proceeding to refund the amount. In this way the buyer gets his money back again, but not the farm that he bought. It is said that this statute is as often used as a shield to protect men in doing wrong as in preventing frauds. In numberless cases persons, just like the farmer imagined, have used this statute as a means to protect them in not carrying out their agreements. This happens every day. This statute also relates to other matters. One clause says that an executor or administrator cannot be required to pay anything at all out of his own pocket on any promise that he has made unless it be in writing. Every one knows about the duties of an executor or administrator. An executor is one who settles the estate of a person who has died leaving a will directing what shall be done with his wealth. An administrator is a person who settles the estate of a deceased person leaving no will. He is appointed by the law, which fully states his duties. Let us suppose that an executor is employed to settle an estate, and that he employs a carpenter to make some repairs on a house belonging to the estate. The contract is fairly enough made between the carpenter and the executor. Let us also suppose that he has no lien on the house for the work that he has done, or that he has lost his lien by reason of not having filed it in time, as the law requires. Afterward he goes to the executor and demands payment for the repairs that he has made. Let us suppose that the estate is insolvent and cannot pay all of its debts in full. At the time of making this contract neither party supposed this would happen. But, unha
PREV.   NEXT  
|<   192   193   194   195   196   197   198   199   200   201   202   203   204   205   206   207   208   209   210   211   212   213   214   215   216  
217   218   219   220   221   222   223   224   225   226   227   228   229   230   231   232   233   234   235   >>  



Top keywords:

executor

 
estate
 

suppose

 
person
 

administrator

 

statute

 

farmer

 

payment

 

duties

 

compel


repairs

 

carpenter

 
contract
 

writing

 

leaving

 

settles

 
seller
 

protect

 
refuses
 

clause


required
 

pocket

 

matters

 

promise

 

relates

 

insolvent

 

demands

 

Afterward

 

requires

 

happen


supposed

 

making

 

reason

 
states
 
employed
 

appointed

 

deceased

 
wealth
 

settle

 

employs


fairly

 

belonging

 

directing

 

bargain

 

parting

 
giving
 

receive

 
chooses
 

escape

 

courts