(280) by charter of feoffment from a lord, to make certain services and suits to his court, who was afterwards distrained for more services than were mentioned in the charter.-0. N. B. 162; Reg. Orig. 176. LATIN: contractus, from con, with, and traho, to draw. 1. Simple, special, and of record. - With reference to the modes of their formation, contracts are generally divided into three kinds: simple, or parol contracts, specialty contracts, or contracts under seal, and contracts of record.* Simple or parol contracts are of two kinds, according as they arise from agreetracts of record and quasi-contracts among true contracts, as it does, this would be a far better classification than the ordinary one, which is *Chit. Cont. 2. In Rann v. Hughes (7 T. R. 370; 3 Burr. 1672), it is said "that all contracts are by the laws of England distinguished into agreements by specialty, and agreements by that given in the text. See CIBLIGATION; parol." If English law did not include conQUASI-CONTRACT. (281) ment between the parties, or from impli-ing within the Statute of Frauds (q. v.) In cation of law. 2. A simple contract arising from agreement, is where two or more persons agree that one of them is to do or not to do some particular thing, in consideration of something done or to be done by the other. (Chit. Cont. 8.) "Contract," therefore, differs from "agreement" in the primary sense of that word, in including, in addition to the unity of intention and the juridical nature of the subject-matter constituting a simple agreement, the incidents of one of the parties being bound to a future performance or forbearance, and of the other party doing or agreeing to do something in return. On the side of the party so bound to a future performance or forbearance, the expression of his willingness or intention to do it is called a "promise" (q. v.) and the performance or forbearance done or promised by the other party, is called the "consideration for his promise." Thus, if A. agrees with B. that either case, the writing is the only admissible evidence of the contract, although extrinsic evidence is admissible for various purposes, e. g. to identify the parties and the subject-matter of the contract, or to show intent, that it was made subject to usages of trade, &c. Leake Cont. 103. 25. Implied in law. --Simple contracts arising independently of agreement, or contracts implied in law, exist in certain cases where an obligation is created by law for the purpose of setting the parties right, where one of them has suffered loss by doing something for the benefit of the other, or where one of them has wrongfully, or by accident, gained an advantage over the other. The following are the most important examples: 26. If A., being compelled by law, has paid money which B. is ultimately liable to pay, A. may recover it from B. under an implied contract to repay it; as if an executor has been compelled to pay legacy he will sell B. goods, and B. pays him $5 duty for which the legatee is ultimately in respect of them, this is a contract of liable. (Chit. Cont. 587; Leake Cont. 41.) sale; there is a unity of intention between This is called "an action for money paid the parties: A. promises to deliver the goods to B., in consideration of B.'s paying him $5. Leake Cont. 8 et seq.; Poll. Cont. 5 et seq. See CONSIDERATION; PROMISE; REQUEST. 3. Express and implied. Simple contracts created by agreement are divided, according to the manner in which the agreement appears, into express and implied. Thus, if A. says to B., "Will you sell me your horse for $50?" and B. says, "I will," this is an express contract; but if I order goods of a tradesman without promising to pay for them, my contract to do so is implied. (See EXPRESS; IMPLIED.) "Implied contracts" must not be confounded with "contracts implied in law" (infra & 5), although the terms are sometimes used interchangeably. Leake Cont. 12; Chit. Cont. 55; 2 Bl. Com. 443; Marzetti v. Williams, 1 Barn. & Ad. 415. 4. Written and verbal. Simple contracts are also divisible into contracts in writing, and verbal contracts. Contracts are put into writing, either voluntarily, or in pursuance of a rule of law, as in the case of hills of exchange and contracts fallby the plaintiff for the use of the defendant at his request." 7. Where a person does something for another without having been requested by him to do it, and the latter adopts and takes the benefit of the act, the law implies a contract by him to pay the reasonable value of the other's services. This is called "acceptance of an executed consideration." Chit. Cont. 50. 8. If A. wrongfully takes goods from B. and sells them, or has obtained money from B. by fraud, or by B.'s mistake or the like, B. may sue A. for the amount on an implied contract by A. to pay it to him. This is called "an action for money had and received by the defendant for the use of the plaintiff." (Chit. Cont. 558; Leake Cont. 47.) These forms of actions seem to have been invented partly to give remedy which would not otherwise have been available at common law, partly because the procedure in an action of assumpsit (q. v.) was often more convenient than that in an action of debt or tort. 9. Specialty contracts. -A contract under seal, or specialty contract, is created (282) Cont. 671), and that it is discharged by the death of the party on whose personality it is founded. Leake Cont. 642. See, also, as to the bankruptcy of the contractor, Id. 648. by the execution of a deed binding the riage, or a contract to paint a picture. It party or parties executing it to a future follows, from the nature of a personal conact or forbearance. (See DEED.) Such a tract, that it cannot be assigned (Chit. contract necessarily involves the element of agreement, but it derives its legal effect solely from the formality of sealing and delivery, and not from the mere fact of agreement (Leake Cont. 76); it also involves the element of a promise, (as opposed to a conveyance, appointment, &c.,) and in these two points a contract under seal resembles a simple contract, but they differ in the important respect that no consideration is required to give validity to a contract under seal as between the parties to it. (See CONSIDERATION, 2; Chit. Cont. 5; Leake Cont. 84.) As regards its effects, also, a contract under seal differs in some respects from a simple contract. Chit. Cont. 6; Leake Cont. 88. See COVENANT; DEBT; ESTOPPEL; LIMITATION OF ACTIONS; MERGER. 10. Contracts of record are not really contracts at all, but are transactions which, being entered on the records of certain courts called "courts of record," are conclusive proof of the facts thereby appearing, and could formerly be enforced by action of law as if they had been put in the shape of a contract.* They consist of judgments, recognizances, &c. See those titles; also, COGNOVIT; DEBT; LIMITATION OF ACTIONS; MERGER; WARRANTS OF AT-