Ladysmith news-budget. [volume] (Ladysmith, Rusk County, Wis.) 1907-1927, 1913-08-15
CONTRACTS: ENFORCEABLE
AND UNENFORCEABLE

When, in the ordinary dealings OF
life, you arrive at business agree
ment, you expect to carry out your
part, and expect that the other par
ty will carry out his. Almost invar-
iably in the ordinary agreements
that are regularly arrived at, each
Of you promises to give something
or to fOrego in return for what the
other is to do under the agreement.
He is to NOW your lawn; you are to
give him fifty cents. He is to rent
your house paying you twenty dollars
a month; you are to furnish him
S mutually of obligation, and thus
the difficult question of the cOnSid-
Grafton so necessary to contracts does
not arise.
You have agreed definitely enough
with your neighbOr that he is to
nave the trees now growing in your
acre woodlot, and he is to pay you
hundred dollars therefor, the trees
to become his property as they stand.
Each of you is to give something, so
there is consideration. You do not
want litigation to arise from this
pect to go to court to have it en-
forced, else you would not have ell
tered into it-for the unprOfitability
of buying a law suit" is proverbial.
But you do want to have the agree
ment in such form that, if disagree
ment should arise you would be able
to enforce your rights. You may not
be able to lick" neighbOr Jones;
and, even if you can, that would on
Iy involve you in an action for as
sault and battery. You want the con-
tract in such form that if you must
assert your rights you will have them
in form which the law-the pro-
cedure provided for the enforcement
of rights-will recognize.
Probably the principal reason why
the average man finds his contracts
unenforceable is because of the lack
of the written evidence which the
law requires in certain classes of
cases. In the case Of the sale of the
standing timber the law of most
states requires that it be evidenced
by a writing signed by the party
against whom it is TO be enforced,
otherwise the courts would not en-
force it. A statement of the principles
which determine in what form a con-
tract must be evidenced to be valid
may not possess the interest attach
ing to other branches of the law, but
they are of the utmost practical i'm
pOrtance to the average individual in
the guidance or the business affairs
of everyday life.
There are probably no two sections
Of written law which possess the
practical Importance, or have had the
far-reaching influence of the 4th and
the 18th sections of the Statute of
Frauds, enacted by the English Par
lament in 1876 These provisions
have been re-enacted by the legisla-
lures of the various states in but
slightly varying forms, and the prln-
ciples are firmly embodied in our
law and are set down to guide all OF
us in the formation of our contractual
agreements. Every student of the
law memories these provisions.
What is known as the 4th section
specifies certain classes of contracts
which must be evidenced by a signed
writing if they are to be enforceable.
The first of these is an agreement
by an executor or administrator to
answer damages out of his own es-
tate OF course, one holding such
position is not personally bound to
pay the debts of the deceased out of
his own pocket; but if he does so
agree, it must be in writing, if he
is to be bound by his promise.
The next class OF agreements COW
cred are those ''tO answer for the
debt, default or miscarriage of ano-
ther." If some third party suffers
under an existing, or contemplates a
future, liability and you agree With
his creditor to make it good for him,
that agreement must be evidenced
by writing signed by you if you are
to be bound by it. Suppose John
Sims comes to you, tells you he has
no money, and must have a pair of
shoes, and you agree to see that he
gets them at the store. You go with
him to the storekeeper and say, LET
Sims have a pair of shoes, | will see
you paid" By this statement you
have become directly and personally
liable and it is not within the stat
ute But if you say, Let Sims have
pair of shoes, if he doesn't pay
you | WILL" then this is a contract
to answer for the debt of another
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