River Falls journal. [volume] (River Falls, Pierce County, Wis.) 1872-2019, 1913-07-03

is but twenty years old and in good
health, he may die within a yea
and thus the contract be performed
True if you hired Sam Allison t
work for you for year aud hal:
he might die and that would enc
the matter but it would not
be performance of the contract as
would the other.
The seventeenth section provides
that contracts for the sales of goods
wares and merchandise for the
price of $50, or over, shall not be
good unless there is written evi
dence signed by the party to be
charged, part delivery and accept
ance, or part payment. The
amount below which the statute
does not apply is varied by the
statutes in the various American
states which have reenacted this
provision in varying forms.
1t is to be noticed that the con-
tract is the agreement, not the
writing. The writing is merely
evidence of the contract. 1t may be
made at any time after the contract
has been agreed upon, up to the
time of suit. The writing need not
be formal document to comply
with this statute. Any note or
memorandum is sufficient so long
as it contains all the material terms
as the names of the parties, the
subject matter, the consideration
given, etc., etc. There may be
several papers, as a series of
letters or kilograms, So long as
they are consistent and connected.
The necessary signature of the
party to be charged may app ear
at any point, and may be affixed
either by the party himself or his
authorized agent. Thus at an auc-
ton the auctioneer is the agent of
both parties and if his memo con.
tains the essential terms his entry
of the names of the parties will
amount to the necessary signature
and complete the required writing.
The law of some states requires
that some contracts be under seal as
we'll as in writing. In many states
seals have been abolished. In all
states the tendency is to lessen
their effect. The principal reason
that makes the seal of comparative
ly little import is that it is required
only on the most important and
formal of contracts, as deeds. The
printed forms provided for these in
strumerts include seal; and fur
Their, these are instruments of an
Importance that requires the SER
vices of a competent attorney who
is familiar with the requirements of
the particular state and will see to
it that the necessary formalities are
complied with. The simple legal
scroll e.. S. has now been general
ly substituted for. the more formal
wax seal. Seals, used where not
necessary, are merely superauous.
1t should be remembered that all
contracts need not be in writing.
The general rule is that if no statute
requires that the particular kind Of
contract be in writing it need not be
and so contracts other than those
specified in the statues may be oral.
OF course, even though no writing
be required. prudent men frequent
ly draw their contracts in writing
that the evidence may be preserved
in more permanent and indisputa-
BILE form should trouble arise. 1.-THE
ma is ofconsiderably Importance,
better embody the terms in letter
addressed to the other party, sign
it, keep copy, and see that he re-
plies over his signature accepting
porposal and terms.
Copyright by, 1913 Walter K. Towers.)