The consent of two or more persons concurring, respecting the transmission of some property, right or benefit, with a view of contracting an obligation. In relation to their performance, agreements are executed or executory. Executory agreements, in the ordinary acceptation of the term, are such contracts as rest on articles, memorandums, parol promises, or undertakings, and the like, to be performed in future, or which are entered into preparatory to more solemn and formal alienations of property. on Cont.
Agreements are also conditional and unconditional.
The writing or instrument containing an agreement is also called an agreement, and sometimes articles of agreement. It is proper, to remark that there is much difference between an agreement and articles of agreement which are only evidence of it. From the moment that the parties have given their consent, the agreement or contract is formed, and, whether it can be proved or not, it has not less the quality to bind both contracting parties. A want of proof does not make it null, because that proof may be supplied aliunde, and the moment it is obtained, the contract may be-enforced.