Agreamentum

Agreement. Spelman says that it is equivalent in meaning to aggregatio mentium, though not derived therefrom. AGREEMENT (from Lat. aggregatio mentium). A coming together of parties in opinion or determination; the union of two or more minds in a thing done or to be done; a mutual assent to do a thing. Comyn, Dig. "Agreement" (A. 1); Plowd, 5a, 6a. The consent of two or more persons concurring, the one in parting with, the other in receiving, some property, right, or benefit. Bac. Abr. A mutual contract in consideration between two or more parties. 5 East, 10; 4 Gill & J. (Md.) 1; 12 How. (U. S.) 126. Agreement is seldom applied to specialengagement of a party without reference to the reasons or considerations for it, or the duties of other parties. Pars. Cont. 6. An agreement ceases to be such by being put in writing under seal, but not when put in writing for a memorandum. Dane, Abr. c. 11. A promise or undertaking. This is a loose and inaccurate use of the word. 3 Conn. 335. The writing or instrument which is evidence of an agreement. This is a loose and evidently inaccurate use of the term. The agreement may be valid, and yet the written evidence thereof insufficient. Agreements are: (1) Cohditional, being those which are to have full effect only in case of the happening of certain events, or the existence of a given state of things. (2) Absolute, being dependent on no contingency. They are also: (3) Executed, being those where nothing further remains to be done by the parties, or (4) Executory, being such as rest on articles, memorandums, parol promises or undertakings, and the like, to be performed in the future, or which are entered into preparatory to more solemn and formal alienations of property. Powell, Cont. An executed agreement always conveys a chose in possession, while an executory one conveys a chose in action only. They are also: (5) Express, being those in which the terms are openly uttered and avowed by the parties at the time of making, or (6) Implied, being those which the law supposes the parties to have made, although the terms were not openly expressed.

Agreement. Spelman says that it is equivalent In meaning to aggregatio mentium, though not derived therefrom.

In old English law, Agreement; an agreement. Spelman.

Aggreamentum. L. Lat. An agreement. Spelman. This Latin form of the word agreement has led to the fanciful etymology adopted by Plowden, Cowell, and other writers, which makes it to be compounded of aggregatio and mentium, and so to signify a joining together of two or more minds in any thing done, or to be done. Cowell, voc. Agreement. Plowd. 17, arg. The error of this obviously consists in confounding mentum, a common termination, used (as the English and French ment,) in forming nouns from verbs, with mentium, the genitive plural of mens, mind, and is well exposed by Spelman. The phrase aggregatio mentium, however, though absurd in point of etymology, is expressive as a definition, and in that light has sometimes been adopted by high authority. Com. Dig. Agreement, A, 1. 3 Johns. R. 535. See Testamentum.