The copper era and Morenci leader., 1913-06-20
POPULAR TALKS ON LAW.
ENFORCEABLE AND
UNENFORCEABLE
By Walter K Towers, A. B., ]. D., OF
the Michigan Bar.


By Walter K Towers, A. B., ]. D., of
the Michigan Bar.
When, in the ordinary dealings of
life, you arrive at a business agree
ment, you expect to carry out your
part, and expect that the other party
will carry out his. Almost invaria-
bly,, 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 with |
the use of that house. There is mu-
tuality of obligation and thus the diff
ficult question of the consideration so
necessary to contracts does not arise.
You have agreed definitely enough
with your neighbor that he is to have
the trees now growing in your acre
wood lot, and he is to pay you a hu1r-
dred dollars therefor, the trees to be-
come 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 agree
ment; you do not want, or expect, 70
go to court to have it enforced, else
| for the unprof1tability of buying a
law suit is proverbial. But you do
want to have the agreement in such
! form that, if disagreement 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 only involve
you in an action for assault and bat
terry. You want the contract in sucn
4 f<,- hot w
rights you will have them in form
which the law-the procedure provid-
ed 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 unwritten evidence which the
law requires in certain classes or
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 he enforced, otherwise
the courts would not enforce it. A
statement of the principles which de-
termine in what form contract must
be evidenced to be valid may not pos
sess the interest attached, to other
| -lch of II. law i-Gt .hSy are of
the utmost practical Importance to the
average individual in the guidance OF
the business affairs of every day life.
There are probably no two sections
of written law which possess the prac-
teal importance, or have had the far
reaching influence of the 4th and 18th
sections of the Statute of Frauds, en-
acted by the English parliament in
1876. These provisions have been
reenacted by the legislatures of the
various states in but slightly varying
form, and the principles are firmly
embodied in our law and are set
down to guide all of us in the forma-
ton 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 an
swer damages out of his own estate.
, OF course, one holding such a 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 Gov
cred are those ito answer for the debt
/. default or miscarriage of another
l If some third party suffers under an
liability and you agree with his cred
kitor to make it good for him that agree
ment must be evidenced by writing
signed by you if you are to be bound
5 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
2 store. You go with him to the store
/ keeper and say. LET Sims have a
pair of shoes, / will see you paid.
= by this statement you have becoins
directly and personally liahie ahd il
is not within the statute. But if 20,
3 say, d. Let Sims : nave a pair 81
D shoes, if he. Doesn't pay you l will;
, then THIS is a contract to answer 10
1.-the ue6t of another within the statute
: and there must be some written mem
= orandum signed by you if the agree
d ment is to be enforceable.
One of the most important of the
provisions is that any contract or salt
of lands, or any interest in or concern
ing land, must be evidenced by
signed writing. This is the provj
with reference to standing timber b.
e in writing for it is with reference u
I. realty So, too, contracts to blu!
q land, or ior mineral rights are within
this provision and must be in writing
$ 1t is to be noticed that if the contrac
t calls for the delivery OF TIMBER or o
= coal from the lands of the oner b,
o the owner, that is not within thi
provision, since he himself is to Gu
=; or mine it, thus severing it from th'
d land so that it loses it's character a
realty But if he sells coal or OF
as it lies beneath his farm the con
tract must be in writing. The sam
applies to all leases, except short tern
r leases. which are excepted in most o
the states.
Or if a contract is not to be per
e formed within a year from the MAX
= ing thereof it must be evidenced b!