Ladysmith news-budget. [volume] (Ladysmith, Rusk County, Wis.) 1907-1927, 1913-08-15


Der or of coal from the lands of the
owner by the owner, that is not with
in this provision, since he himself is
to cut or mine it, thus severing it
| from the land so that it loses it's
character as realty. But if he sells
| coal or Oil as it lies beneath his farm
| the contract must be in writing. The
same applies to all leases, except
short term leases, which are except
| ed in most of the states.
| Or if a contract is not to be per-
formed within year from the max
| ing thereof it must be evidenced by
| writing to be enforceable. This ap-
plies only to contracts which cannot
| be performed with year. Thus
| leases for a period of over year
from the date when they are made,
contracts to work for over year,
ETC., must be in writing. But if you
agree to support Sam Allison for the
rest of his life, that contract is not
within the statute for, though Sam is
but twenty years old and in good
health, he may die within a year and
thus the contract be performed True
if you hired Sam Allison to work for
you for year and a half he might
die and that would end the matter
but it would not be a 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 I'M
less there is written evidence signed
by the party to be charged, or part
delivery and acceptance, or part pay
ment The amount below which the
statute does not apply is varied by
states which have re-enacted this pro-
vision in varying forms.
1t is to be noticed that the con-
tract is the agreement, not the writ
ing 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 a formal
document to comply with this stat
ute. Any note of memorandum is suf-
ficient so long as it contains all the
material terms, as the names of the
parties, the subject matter, the con-
sideration given etc. There may be
several papers, as a series of let
ters or kilograms, SO long as they
are consistent and connected. The
necessary signature of the party to
be charged may appear at any point,
and may be affixed either by the
party himself or his authorized agent.
Thus at an auction the auctiOneer is
the agent of both parties and if his
memo contains the essential terms
his entry of the names Of the par
ties 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 comparatively lit
flo inn nrt ic thot If ic rnpIIipn6
ly on the most important and for
NAL of contracts, as deeds. The print
ed forms provided for these instru-
ments include a seal; and further,
these are instruments of an impor-
lance that requires the services OF
a competent attorney who is familiar
with the requirements of the partlc-
ular state and will see to it that
the necessary fOrmalaties are COM
piled with. The simple legal scroll
Il. So has now been generally sub
stituted for use of the more formal
wax seal Seals, used where not nee
essary, are merely superfluous.
1t should be remembered that all
contracts need not be in writing, The
general rule is that if no statute re-
quires that the particular kind of con-
tract be in writing it need not be,
and so contracts other than those
specified in the statutes may be oral.
Of course, even though no writing
be required, prudent men frequently
draw their contracts in writing that
the evidence. may be preserved in
more permanent and indisputable
form should trouble arise. If the
matter is of considerable Importance,
better embody the terms in letter
addressed to the other party, sign it,
keep a copy, and see that he replies
over his signature accepting the pro-
posal and terms.
Copyright, 1913, by Walter K.FToWers
THE GREAT NIAGARA GORGE
The opening of the Twelfth Inter
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