(42) SIDERATION; RESCISSION. at least two persons; uney must definitely circumstances of the case. Agreements intend the same thing; they must comare also styled simple and express, ac municate this intention to one another; cording to the absence or presence of a and the object of their intention must be seal, but these words more properly apply such as will, when carried out, alter their to "contract" (q.v.) See also ASSENT; CONlegal positions, e. g. by producing the transfer of property, or the creation or extinction of a right. The communication of intention may be formal or infor47 Wis. 501. mal, simple or complicated, but it may always be reduced to the elements of a & Ald. 326. proposal made by one party and accepted by the other; so that until a proposal is Halst. (N. J.) 96. absolutely accepted there is no agreement. For an elaborate examination of the whole subject, see Sav. Syst. 140; Chit. Cont. 8 et seq.; 3 App. Cas. 1124. See PROMISE. 285. AGREEMENT, (defined). 24 Wend. (N. Y.) (synonymous with "understanding"). (what memorandum is not). 3 Barn. (book account, no evidence of). 1 (by insolvent, to procure discharge). 4 Barn. & Ald. 691; 8 Barn. & C. 421; 2 Bing. 441; 3 Car. & P. 379; 3 Dowl. & Ry. 567; 4 Τ. R. 166; 4 Halst. (N. J.) 352; 1 Cai. (Ν. Υ.) 175; 3 Id. 213; 1 Hall (N. Y.) 635. (by surety upon promissory note). 5 (for sale of lands). 6 Barn. & C. 665, & Ry. 678; 5 Halst. (N. J.) 158. (to purchase, how enforced). 2 Halst. ? 2. "Contract" distinguished.-In Mass. 358. its narrower and popular sense "agree9 Dowl. ment" has the same meaning as "contract," especially "contract not under (N. J.) 121; 21 Wend. (N. Y.) 230. seal;" thus, an agreement for a lease is a contract to grant a lease. "Agreement" and "contract," however, are sometimes opposed to one another, "contract" generally denoting an arrangement complete in itself, while "agreement" may denote a part of an arrangement. Thus, in a sale of a house, "contract of sale" denotes the whole arrangement between the vendor and purchaser, while each clause binding either of the parties to do a specific thing is an agreement, e. g. a clause binding the vendor to put the property in repair before the sale is completed. See 5 East 10; 2 Sm. Lead. Cas. 241. See MUTUALITY; CONTRACT. (under stamp act). 5 Esp. 89. (under statute of frauds). 4 Barn. & Ald. 595, 600, 603; 3 Bing. 107; 6 Id. 201, 506; 3 Brod. & B. 20; 1 Campb. 242; 3 Carr. & P. 289; 2 Chit. Pl. 254 n.; 5 East 10, 19, 20 d.; 6 Id. 307; 9 Id. 348; Fell Guar. 337; 7 J. B. Moore 252; 1 Mad. Ch. 374, 375; 18 Ves. 175; 1 Ves. & B. 341; 5 Cranch (U. S.) 142; 1 Pet. (U. S.) 476, 650; 4 Wheat. (U. S.) 91; 34 Ala. 129; 6 Conn. 81; 12 Mass. 297; 17 Id. 122;9 Allen (Mass.) 8, 11, 16; Penn. (N. J.) 619; South. (N. J.) 570; 3 Johns. (N. Y.) 210, 215; 8 Id. 37; 14 Id. 484; 2 Den (N. Y.) 87; 4 Id. 275; 24 Wend. (N. Y.) 35. 3. The various kinds of agreements.-Agreements are called conditional when they are to have full effect only on the happening of certain events, or the existence of a certain contingent state of affairs; executed, when nothing further remains to be done by the parties, as in the case of a sale accompanied by delivery and payment of the price; executory, when they are to be performed in the future, or are merely preliminary to some more formal and solemn transaction; express, when the terms and conditions are openly uttered and avowed by the parties at the time of making; implied when the terms are not so expressed, but the law supposes or implies the making from the facts and 280. (under statute of limitations). 15 Ind. (used for "warrant," or "promise," in a deposition). 8 Allen (Mass.) 577, 579. stitution). 14 Pet. (U. S.) 571. (with another State, etc., in U. S. Con-