NOTES.
Pg 290
Form of note is legal, worded in the simplest way, so that the amount and time of payment are mentioned:
CHICAGO, ILL., Sept. 15, 1876.
$100.
Sixty days from date I promise to pay to E. F. Brown or order, one hundred dollars, for value received.
L. D. LOWRY.
A note to be payable in anything else than money needs only the facts substituted for money in the above form.
ORDERS.
Orders should be worded simply, thus:
CHICAGO, Sept. 15, 1876.
Mr. F. H. COATS:
Please pay to H. Birdsall twenty-five dollars, and charge to
F. D. SILVA
RECEIPTS.
Receipts should always state when received and what for, thus:
CHICAGO, Sept. 15, 1876.
$100.
Received of J. W. Davis, one hundred dollars, for services rendered in grading his lot in Fort Madison, on account.
THOMAS BRADY.
If receipt is in full, it should be so stated.
BILLS OF PURCHASE.
SALEM, Illinois, Sept. 18, 1876.
W. N. MASON,
Bought of A. A. GRAHAM.
| 4 bushels of Seed Wheat @ $1.50 | $6.00 |
| 2 Seamless Sacks @ $.30 | 60 |
| Received payment, | $6.60 |
CONFESSION OF JUDGMENT.
$_______ _____, Iowa, _____, 18 __.
_____ after date _____ promises to pay to the order of _____, _____ dollars, at _____, for value received, with interest at ten per cent per annum after _____ until paid. Interest payable _____, and on interest not paid when due, interest at the same rate and conditions.
A failure to pay said interest, or any part thereof, within 20 days after due, shall cause the whole note to become due and collectable at once.
If this note is sued, or judgment is confessed hereon, $_____ shall be allowed as attorney fees.
No. _____ P.O. _____,_____
CONFESSION OF JUDGMENT.
_____ vs. _____. In _____ Court of _____ County, Iowa, _____, of _____ County, Iowa, do hereby confess that _____ justly indebted to _____, in the . . .
Pg 291
… sum of _____ dollars, and the further sum of $_____ as attorney fees, with interest thereon at ten percent from _____, and _____ hereby confess judgment against _____ as defendant in favor of said _____, for said sum of $_____, and $_____ as attorney fees, hereby authorizing the Clerk of the _____ Court of said county to enter up judgment for said sum against _____ with costs, and interest at 10 per cent from _____, the interest to be paid _____.
Said debt and judgment being for _____.
It is especially agreed, however, That if this judgment is paid within twenty days after due, no attorney fees need be paid. And _____ hereby sell, convey and release all right of homestead we now occupy in favor of said _____ so far as this judgment is concerned, and agree that it shall be liable on execution for this judgment.
Dated _____, 18 ___. _____ _____ _____ ______
THE STATE OF IOWA
_____ County }
_____ being duly sworn according to law, depose and say that the foregoing statement and Confession of Judgment was read over to _____, and that _____ understood the contents thereof, and that the statements contained therein are true, and that the sums therein mentioned are justly to become due said _____ as aforesaid.
Sworn to and subscribed before me and in my presence by the said _____ this _____ day of _____, 18 ___.
_____ ______, Notary Public.
ARTICLES OF AGREEMENT.
An agreement is where one party promises to another to do a certain thing in a certain time for a stipulated sum. Good business men always reduce an agreement to writing, which nearly always saves misunderstandings and trouble. No particular form is necessary, but the facts must be clearly and explicitly stated, and there must, to make it valid, be a reasonable consideration.
GENERAL FORM OF AGREEMENT.
THIS AGREEMENT, made the Second day of June, 1878, between John Jones, of Keokuk, County of Lee, State of Iowa, of the first part, and Thomas Whiteside, of the same place, of the second part—
WITNESSETH, that the said John Jones, in consideration of the agreement of the party of the second part, hereinafter contained, contracts and agrees to and with the said Thomas Whiteside, that he will deliver in good and marketable condition, at the Village of Melrose, Iowa, during the month of November, of this year, One Hundred Tons of Prairie Hay, in the following lots, and at the following specified times; namely, twenty-five tons by the seventh of November, twenty-five tons additional by the fourteenth of the month, twenty-five tons more by the twenty-first, and the entire one hundred tons to be all delivered by the thirtieth of November.
And the said Thomas Whiteside, in consideration of the prompt fulfillment of this contract, on the part of the party of the first part, contracts to and agrees with the said John Jones, to pay for said hay five dollars per ton, for each ton as soon as delivered.
Pg 292
In case of failure of agreement by either of the parties hereto, it is hereby stipulated and agreed that the party so failing shall pay to the other, One Hundred dollars, as fixed and settled damages.
In witness whereof, we have hereunto set our hands the day and year first above written.
JOHN JONES
THOMAS WHITESIDE.
AGREEMENT WITH CLERK OF SERVICES.
THIS AGREEMENT, MADE THE FIRST DAY OF May, one thousand eight hundred and seventy-eight, between Reuben Stone, of Dubuque, County of Dubuque, State of Iowa, party of the first part, and George Barclay, of McGregor, County of Clayton, State of Iowa, party of the second part—.
WITNESSETH, that said George Barclay agrees faithfully and diligently to work as clerk and salesman for the said Reuben Stone, for and during the space of one year from the date hereof, should both live such length of time, without absenting himself from his occupation; during which time he, the said Barclay, in the store of said Stone, of Dubuque, will carefully and honestly attend, doing and performing all duties as clerk and salesman aforesaid, in accordance and in all respects as directed and desired by the said Stone.
In consideration of which services, so to be rendered by the said Barclay, the said Stone agrees to pay to said Barclay the annual sum of one thousand dollars, payable in twelve equal monthly payments, each upon the last day of each month; provided that all dues for days of absence from business by said Barclay, shall be deducted from the sum otherwise by the agreement due and payable by the said Stone to the said Barclay.
Witness our hands.,
REUBEN STONE
GEORGE BARCLAY.
BILL OF SALE.
A bill of sale is a written agreement to another party, for a consideration to convey his right and interest in the personal property. The purchaser must take actual possession of the property, or the bill of sale must be acknowledged and recorded.
COMMON FORM OF BILL OF SALE.
KNOW ALL MEN by this instrument, that I, Louis Clay, of Burlington, Iowa, of the first part, for and in consideration of Five Hundred and Ten Dollars, to me paid by John Floyd, of the same place, of the second part, the receipt whereof is hereby acknowledged, have sold, and by this instrument do convey unto the said Floyd, party of the second part, his executors, administrators and assigns, my undivided half of ten acres of corn, now growing on the farm of Thomas Tyrell, in the town above mentioned; one pair of horses, sixteen sheep, and five cows, belonging to me and in my possession at the farm aforesaid; to have and to hold the same unto the party of the second part, his executors and assigns forever. And I do, for myself and legal representatives, to warrant and defend the sale of the afore-mentioned property and chattels unto the said party of the second part, and his legal representatives, against all and every person whatsoever.
In witness whereof, I have hereunto affixed my hand, this tenth day of October, one thousand eight hundred and seventy-six.
LOUIS CLAY.
Pg 293
NOTICE TO QUIT.
TO JOHN WONTPAY:
You are hereby notified to quit the possession of the premises you now occupy to wit:
[Insert Description.]
on or before thirty days from the date of this notice.
Dated January 1, 1878. Landlord
[Reverse for Notice to Landlord.]
GENERAL FORM OF WILL FOR REAL AND PERSONAL PROPERTY.
I, Charles Mansfield, of the Town of Bellevue, County of Jackson, State of Iowa, being aware of the uncertainty of life, and in failing health, but of sound mind and memory, do make and declare this to be my last will and testament, in manner following, to-wit:
First. I give, devise and bequeath unto my eldest son, Sidney H. Mansfield, the sum of Two Thousand Dollars, of bank stock, now in the Third National Bank, of Cincinnati, Ohio, and the farm owned by myself, in the Township of Iowa, consisting of one hundred and sixty acres, with all the houses, tenements and improvements thereunto belonging; to have and to hold unto my said son, his heirs and assigns, forever.
Second. I give, devise and bequeath to each of my two daughters, Anna Louise Mansfield and Ida Clara Mansfield, each Two Thousand Dollars in bank stock in the Third National Bank of Cincinnati, Ohio; and also, each one quarter section of land, owned by myself, situated in the Township of Fairfield, and recorded in my name in the Recorder’s office, in the county where such land is located. The north one hundred and sixty acres of said half section is devised to my eldest daughter, Anna Louise.
Third. I give, devise and bequeath to my son, Frank Alfred Mansfield, five share of railroad stock in the Baltimore & Ohio Railroad, and my one hundred and sixty acres of land, and saw-mill thereon, situated in Manistee, Michigan, with all the improvements and appurtenances thereunto belonging, which said real estate is recorded in my name, in the county where situated.
Fourth. I give to my wife, Victoria Elizabeth Mansfield, all my household furniture, goods, chattels and personal property, about my home, not hitherto disposed of, including Eight Thousand Dollars of bank stock in the Third National Bank of Cincinnati, Ohio, fifteen shares in the Baltimore & Ohio Railroad, and the free and unrestricted use, possession and benefit of the home farm so long as she may live, in lieu of dower, to which she is entitled by law—said farm being my present place of residence.
Fifth. I bequeath to my invalid father, Elijah H. Mansfield, the income from rents of my store building at 145 Jackson street, Chicago, Illinois, during the term of his natural life. Said building and land therewith to revert to my said sons and daughters in equal proportion, upon the demise of my said father.
Sixth. It is also my will and desire that, at the death of my wife, Victoria Elizabeth Mansfield, or at any time when she may arrange to relinquish her . . .
Pg 294
. . . life interest in the above mentioned homestead, the same may revert to my above named children, or to the lawful heirs of each.
And lastly. I nominate and appoint as the executors of this, my last will and testament, my wife, Victoria Elizabeth Mansfield, and my eldest son, Sidney H. Mansfield.
I further direct that my debts and necessary funeral expenses shall be paid from moneys now on deposit in the Savings Bank of Bellevue, the residue of such moneys to revert to my wife, Victoria Elizabeth Mansfield, for her use forever.
In witness whereof, I, Charles Mansfield, to this my last will and testament, have hereunto set my hand and seal, this fourth day of April, eighteen hundred and seventy-two.
CHARLES MANSFIELD.
Signed, and declared by Charles Mansfield, as and for his last will and testament, in the presence of us, who, at his request, and in his presence, and in the presence of each other have subscribed our names hereunto as witnesses thereof.
PETER A. SCHENCK, Dubuque, Iowa
FRANK E. DENT, Bellevue, Iowa.
CODICIL.
Whereas I, Charles Mansfield, did, on the fourth day of April, one thousand eight hundred and seventy-two, make my last will and testament, I do now, by this writing, add this codicil to my said will, to be taken as a part thereof.
Whereas, by the dispensation of Providence, my daughter, Anna Louise has deceased, November fifth, eighteen hundred and seventy-three; and whereas, a son has been born to me, which son is now christened Richard Albert Mansfield, I give and bequeath unto him my gold watch, and all right, interest and title in lands and bank stock and chattels bequeathed to my deceased daughter, Anna Louise, in the body of this will.
In witness whereof, I hereunto place my hand and seal, this tenth day of March, eighteen hundred and seventy-five.
CHARLES MANSFIELD
Signed, sealed, published and declared to us by the testator, Charles Mansfield, as and for a codicil to be annexed to his last will and testament. And we, at his request, and in the presence, and in the presence of each other, have subscribed our names as witnesses thereto, at the date hereof.
FRANK E. DENT, Bellevue, Iowa,
JOHN C. SHAY, Bellevue, Iowa.
SATISFACTION OF MORTGAGE. (Form no. 1.)
STATE OF IOWA }
_____ County, } ss.
I, _____, of the County of _____, State of Iowa, do hereby acknowledge that a certain Indenture of _____, bearing date the _____ day of _____, A.D., 18_____, made and executed by _____ and _____, his wife, to said _____ on the following described Real Estate, in the County of _____, and State of Iowa, to-wit: (here insert description) and filed for record in the office of the Recorder of the County of _____, and State of Iowa, on the _____ day of _____, . . .
Pg 295
. . . A.D., 18_____, at _____ o’clock. . M.; and recorded in Book _____ of Mortgage Records, on page _____, is redeemed, paid off, satisfied and discharged in full. _____. [Seal]
STATE OF IOWA }
_____ County } ss.
Be it Remembered, That on this _____ day of _____, A.D. 18 _____, before me the undersigned, a _____ in and for said county, personally appeared _____, to me personally known to be the identical person who executed the above (satisfaction of mortgage) as grantor, and acknowledged _____ signature thereto be _____ voluntary act and deed.
Witness my hand and _____seal, the day and year last above written. _______________
ONE FORM OF REAL ESTATE MORTGAGE.
KNOW ALL MEN BY THESE PRESENTS: That _____, of _____ County, and State of _____, in consideration of _____ dollars, in hand paid by _____ of _____County, and State of _____, do hereby sell and convey unto the said _____, to wit: (here insert description,) and _____ do hereby covenant with the said _____ that _____ lawfully seized of said premises, that they are free from encumbrance, that _____ have good right and lawful authority to sell and convey the same; and _____ do hereby covenant to warrant and defend the same against the lawful claims of all persons whomsoever. To be void upon condition that the said _____ shall pay the full amount of principal and interest at the time therein specified, of _____ certain promissory note for the sum of ______ dollars.
One note for $_____, due _____, 18__, with interest annually at ____ per cent.
One note for $_____, due _____, 18__, with interest annually at ____ per cent.
One note for $_____, due _____, 18__, with interest annually at ____ per cent.
One note for $_____, due _____, 18__, with interest annually at ____ per cent.
And the said Mortgagor agrees to pay all taxes that may be levied upon the above described premises. It is also agreed by the Mortgagor that if it becomes necessary to foreclose this mortgage, a reasonable amount shall be allowed as an attorney’s fee for foreclosing. And the said _____ hereby relinquishes all her right of dower and homestead in and to the above described premises.
Signed to ____ day of ____, A.D. 18 __. _____ _____ _____ _____
[Acknowledge as in Form No. 1.]
SECOND FORM OF REAL ESTATE MORTGAGE.
THIS INDENTURE, made and executed _____ by and between _____ of the county of _____ and State of _____, part of the first part, and _____ of the county of _____ and State of _____ party of the second part, Witnesseth, that the said part of the first part, for and in consideration of the sum of _____ dollars, paid by the said party of the second part, the receipt of which is hereby acknowledged, have granted and sold, and do by these presents, grant, bargain, sell, convey and confirm, unto the said party of the second part, _____ heirs and . . .
Pg 296
. . . assigns forever, the certain tract or parcel of real estate situated in the county of _____ and State of _____, described as follows, to-wit:
(Here insert description.)
The said part of the first part represent to and covenant with the part of the second part, that he have good right to sell and convey said premises, that they are free from encumbrance and that he will warrant and defend them against the lawful claims of all persons whomsoever, and do expressly hereby release all rights of dower in and to said premises, and relinquish and convey all rights of homestead therein.
This Instrument is made, executed and delivered upon the following conditions, to-wit:
First. Said first part agree to pay said ____ or order _____.
Second. Said first part further agree as is stipulated in said note, that if he shall fail to pay any of said interest when due, it shall bear interest at the rate of ten per cent per annum, from the time the same becomes due, and this mortgage shall stand as security for the same.
Third. Said first part further agree that he will pay all taxes and assessments levied upon said real estate before the same become delinquent, and if not paid the holder of this mortgage may declare the whole sum of money herein secured due and collectable at once, or he may elect to pay such taxes or assessments, and be entitled to interest on the same at the rate of ten per cent per annum, and this mortgage shall stand as security for the amount so paid.
Fourth. Said first part further agree that if he fail to pay any of said money, either principal or interest, within _____ days after the same becomes due; or fail to conform or comply with any of the foregoing conditions or agreements, the whole sum herein secured shall become due and payable at once, and this mortgage may thereupon be foreclosed immediately for the whole of said money, interest and costs.
Fifth. Said part further agree that in the event of the non-payment of either principal, interest or taxes when due, and upon the filing of a bill of foreclosure of this mortgage, an attorney’s fee of _____ dollars shall become due and payable, and shall be by the court taxed, and this mortgage shall stand as security therefor, and the same shall be included in the decree of foreclosure and shall be made by the Sheriff on general or special execution with the other money, interest and costs, and the contract embodied in this mortgage and the note described herein, shall in all respects be governed, constructed and adjudged by the laws of _____, where the same is made. The foregoing conditions being performed, this conveyance to be void, otherwise of full force and virtue.
_____ _____, _____ _____.
[Acknowledge as in form No. 1.]
FORM OF LEASE.
THIS ARTICLE OF AGREEMENT, Made and entered into on this ____ day of _____, A.D., 187_, by and between _____, of the county of _____, and State of Iowa, of the first part, and _____, of the county of _____, and State of Iowa, of the second part, witnesseth that the said party of the first . . .
Pg 297
Part has this day leased unto the party of the second part the following described premises, to wit:
[Here insert description.]
for the term of _____ from and after the _____ day of _____, A.D. 187__, at the _____ rent of _____ dollars, to be paid as follows, to wit:
[Here insert Terms.]
And it is further agreed that if any rent shall be due and unpaid, or if default be made in any of the covenants herein contained, it shall then be lawful for the said party of the first part to re-enter the said premises, or to destrain for such rent; or he may recover possession thereof, by action of forcible entry and detainer, notwithstanding the provision of Section 3,612 of the code of 1873; or he may use any or all of said remedies.
And the said party of the second part agrees to pay to the party of the first part the rent as above stated, except when said premises are untenantable by reason of fire, or from any other cause than the carelessness of the party of the second part, or persons _____family, or in _____ employ, or by superior force and inevitable necessity. And the said party of the second part covenants that _____ will use the said premises as a _____, and for no other purposes whatever; and that _____ especially will not use said premises, or permit the same to be used, for any unlawful business or purpose whatever; that _____ will not sell, assign, underlet or relinquish said premises without the written consent of the lessor, under penalty of a forfeiture of all _____ rights under this lease, at the election of the party of the first part; and that _____ will use all due care and diligence in guarding said property, with the buildings, gates, fences, trees, vines, shrubbery, etc., from damage by fire, and the depredations of animals; that _____ will keep buildings, gates, fences, etc., in as good repair as they now are, or may at any time be placed by the lessor, damages by superior force, inevitable necessity, or fire from any other cause than from the carelessness of the lessee, or persons of _____ family, or in _____ employ, excepted; and that at the expiration of this lease, or upon a breach by said lessee of any of the said covenants herein contained, _____ will, without further notice of any kind, quit and surrender the possession and occupancy of said premises in as good condition as reasonable use, nature wear and decay thereof will permit, damages by fire as aforesaid, superior force, or inevitable necessity, only excepted.
In witness whereof, the said parties have subscribed their names on the date first above written.
_____ ______
_____ _____
FORM OF NOTE.
$_____ _____ __, 18 __.
On or before the ____ day of ______, 18 __, for value received, I promise to pay _____ _____ or order, _____ dollars, with interest from date until paid, at ten per cent, per annum, payable annually, at _____. Unpaid interest shall bear interest at ten per cent per annum. On failure to pay interest within _____ days after due, the whole sum, principal and interest, shall become due at once.
_____ _______
Pg 298
CHATTEL MORTGAGE.
KNOW ALL MEN BY THESE PRESENTS: That _____ of _____ County, and State of _____ in consideration of _____ dollars, in hand paid by _____, of _____ County and State of _____ do hereby sell and convey unto the said _____ the following described personal property, now in the possession of _____ in the county _____ and State of _____, to wit:
[Here insert Description.]
And _____ do hereby warrant the title of said property, and that it is free from any incumbrance or lien. The only right or interest retained by grantor in and to said property being the right of redemption as herein provided. This conveyance to be void upon condition that the said grantor shall pay to said grantee, or his assigns, the full amount of principal and interest at the time therein specified, of _____ certain promissory notes of even date herewith, for the sum of _____ dollars.
One note for $_____, due _____, 18 __, with interest annually at ____ per cent.
One note for $_____, due _____, 18 __, with interest annually at ____ per cent.
One note for $_____, due _____, 18 __, with interest annually at ____ per cent.
One note for $_____, due _____, 18 __, with interest annually at ____ per cent.
The grantor to pay all taxes on said property, and if at any time any part or portion of said notes should be due and unpaid, said grantee may proceed by sale or foreclosure to collect and pay himself the unpaid balance of said notes, whether due or not, the grantor to pay all necessary expense of such foreclosure, including $_____ Attorney’s fees, and whatever remains after paying off said notes and expenses, to be paid over to said grantor.
Signed the _____ day of _____, 18 __. _____ ________
[Acknowledged as in form No. 1.]
WARRANTY DEED.
KNOW ALL MEN BY THESE PRESENTS: That _____ of _____ County and State of _____, in consideration of the sum of _____ dollars, in hand paid by _____ of _____, County and State of _____, do hereby sell and convey unto the said _____ and to _____ heirs and assigns, the following described premises, situated in the County of _____, State of Iowa, to-wit:
[Here insert description.]
And I do hereby covenant with the said _____ that _____ lawfully seized in fee simple, of said premises, that they are free from incumbrance; that ____ has good right and lawful authority to sell the same, and _____ do hereby covenant to warrant and defend the said premises and appurtenances thereto belonging, against the lawful claims of all persons whomsoever; and the said _____ hereby relinquishes all her right of dower and of homestead in and to the above described premises.
Signed the _____ day of _____, A.D. 18__.
IN PRESENCE OF
_____ _____ _____ _____
[Acknowledge as in Form No. 1.]
Pg 299
QUIT-CLAIM DEED.
KNOW ALL MEN BY THESE PRESENTS: That _____, of _____ County, State of _____, in consideration of the sum of _____ dollars, to _____ in hand paid by _____, of _____ county, State of _____, the receipt whereof _____ do hereby acknowledge, have bargained, sold and quit-claimed, and by these presents do bargain, sell and quit-claim unto the said _____ and to _____ heirs and assigns forever, all _____ right, title, interest, estate, claim and demand, both at law and in equity, and as well in possession as in expectancy, of, in and to the following described premises, to wit: [here insert description] with all and singular the hereditaments and appurtenances thereto belonging.
Signed this _____ day of _____, A.D. 18__.
SIGNED IN PRESENCE OF _____ _____
_____ _____ _____ _____
_____ _____
[Acknowledged as in form No. 1.]
QUIT-CLAIM DEED.
KNOW ALL MEN BY THESE PRESENTS: That _____, of _____ County, State of _____, in consideration of the sum of _____ dollars, to _____ in hand paid by _____, of _____ county, State of _____, the receipt whereof _____ do hereby acknowledge, have bargained, sold and quit-claimed, and by these presents do bargain, sell and quit-claim unto the said _____ and to _____ heirs and assigns forever, all _____ right, title, interest, estate, claim and demand, both at law and in equity, and as well in possession as in expectancy, of, in and to the following described premises, to wit: [here insert description] with all and singular the hereditaments and appurtenances thereto belonging.
Signed this _____ day of _____, A.D. 18__.
SIGNED IN PRESENCE OF _____ _____
_____ _____ _____ _____
_____ _____ _____ _____
_____ _____
[Acknowledged as in form No. 1.]
BOND FOR DEED.
KNOW ALL MEN BY THESE PRESENTS: That _____ of _____ County, and State of _____ am held and firmly bound unto _____ of _____ county, and State of _____, in the sum of _____Dollars, to be paid to the said _____, his executors or assigns, for which payment well and truly to be made, I bind myself firmly by these presents. Signed the _____ day of _____ A.D. 18__.
The condition of this obligation is such, that if the said obligee shall pay to said obligor, or his assigns, the full amount of principal and interest at the time therein specified, of _____ certain promissory note of even date herewith, for the sum of _____ Dollars.
One note for $_____, due _____, 18 __, with interest annually at ____ per cent.
One note for $_____, due _____, 18 __, with interest annually at ____ per cent.
One note for $_____, due _____, 18 __, with interest annually at ____ per cent.
And pay all taxes accruing upon the lands herein described, then said obligor shall convey to said obligee, or his assigns, that certain tract or parcel of real estate, situated in the County of _____ and State of Iowa, described as follows, to wit:
[Here insert description, ]
by a Warranty Deed, with the usual covenants, duly executed and acknowledged.
If said obligee should fail to make the payments as above stipulated, or any part thereof, as the same becomes due, said obligor may at his option, by notice to the oblige terminate his liability under the bond and resume the possession and absolute control of said premises, time being the essence of this agreement.
On the fulfillment of the above conditions this obligation to become void, otherwise to remain in full force and virtue; unless terminated by the obligor as above stipulated.
_____ _____
[Acknowledge as in form No. 1.]
Pg 300
SUGGESTIONS TO THOSE PURCHASING BOOKS BY SUBSCRIPTION.
The business of publishing books by subscription, having so often been brought into disrepute by agents making representations and declarations not authorized by the publisher, in order to prevent that as much as possible, and that there may be more general knowledge of the relation such agents bear to their principal, and the law governing such cases, the following statement is made:
A subscription is in the nature of a contract of mutual promises, by which the subscriber agrees to pay a certain sum for the work described; the consideration is concurrent that the publisher shall publish the book named, and deliver the same, for which the subscriber is to pay the price named. The nature and character of the work described by the prospectus and sample shown. These should be carefully examined before subscribing, as they are the basis and consideration of the promise to pay, and not the too often exaggerated statements of the agent, who is merely employed to solicit subscriptions, for which he is usually paid a commission for each subscriber, and has no authority to change or alterthe conditions upon which the subscriptions are authorized to be made by the publisher. Should the agent assume to agree to make the subscription conditional or modify or change the agreement of the publisher, as set out by the prospectus and sample, in order to bind the principal, the subscribershould see that such condition or changes are stated over or in connection with his signature, so that the publisher may have notice of the same.
All persons making contracts in reference to matter of this kind, or any other business, should remember that the law as written is, that they can not be altered, varied or rescinded verbally, but if done at all, must be done in writing. It is therefore important that all persons contemplating subscribing should distinctly understand that all talk before or after the subscription is made, is not admissible as evidence, and is no part of the contract.
Persons employed to solicit subscriptions are known to the trade as canvassers. They are agents appointed to do a particular business in a prescribed mode, and have no authority to do it any other way to the prejudice of their principal, nor can they bind their principal in any other matter. They can not collect money, or agree that payment may be made in anything else but money. They can not extent the time of payment beyond the time of delivery, nor bind their principal for the payment of expenses incurred in their business.
It would save a great deal of trouble, and often serious loss, if persons, before signing their names to any subscription book, or any written instrument, would examine carefully what it is, if they can not read themselves call on some one disinterested who can.
