Agree

8 To concur in thought; to unite in mental action, be of oije mind, assent. Opposed, disagree. May be read "grant;" as where a grantor agrees that no building shall be erected on an adjoining lot." Arbitrators, judges, and jurors, are said to agree, and to disagree. Agreed balance. See Balance. Agreed statement of facts. Facts submitted as true to a court, for an opinion upon the law in the case.

See Case, 3, Stated.

Agreement

Union of minds to a thing; concurrence of intention; mutual assent. More specifically, a mutual agreement, a contract. Consists of two or more persons being of 1 Boss V. Wigg, 100 N. Y. 246 (1885), Earlj J. ' Matter of Walter, 75 N, Y. 357 (1878); 91 id.

8; 100 id. 246; 141 Mass. 208; 143 id. 235. ^F. giste. abode: L. jacere, to lie. «2B1. Com. 452. ' Bass V. Pierce, 16 Johns. 596 (1863). ■* Story, Bailm. § 443, cases. 'Bossell V. Cottom, 81 Pa. 526-29 (1858), cases- Reddick V. Newburn, 76 Mo. 424 (1882); Kemp v. Phillips, 55 Vt. 69 (1883). Case of agistment of 1,200 head of cattle.

Teal v. Bilby, 123 U. S. 573 (1887). the same mind, intention, or meaning, concerning the matter agreed upon.i The expression by two or more persons of a common intention to affect their legal relations.2 See Understanding. In the Statute of Frauds is not understood in the loose sense of a promise or undertaking, but in its more proper and legal sense of a mutual contract on consideration between two or more parties.^ In a popular sense frequently declares the engagement of one person only. When a man "agrees" to pay money or to do some other act, the word is synonymous with ''promise," "engage."* In popular signification means no more than concord, the imion of two or more minds, concurrence of views and intention. Every thing done or omitted by the compact of two or more minds is universally and familiai'ly called an agreement. Whether a consideration exists is a distinct idea which does not enter into the popular notion. In most instances any consideration, except the voluntary impulse of minds, cannot be ascribed to the numberless agreements that are made daily.. In its broad sense, synonymous with the concord of two or more minds, or mutual assent. If there is nothing to limit the meaning, regards promises only, not their consideration.* In which ever sense understood in the Statute of Frauds the requirement is that it be in writing — if not to be performed within a year.^ The meaning of the contracting parties is their agreement.^ Also, the writing which preserves the evidence of the reciprocal promises. Articles of agreement. The memorandum of the terms of an agreement; an agreement in writing. Should state the names and residence of the parties, the subject-matter, the promises to be performed, the date, and any other elements of the contract.

See Aggregatio; Assent; Contract; Conventio; Party, 2; Merger, 2; Performance; Eescission.