Agreement

A concord of understanding and intention, between two or more parties, with respect to the effect upon their relative rights and duties, of certain past or fulure facts or performances. The act of two or more persons, who unite in expressing amntualand common purpose, with the view of altering their rights and obligations. A coming together of parties in opinion or determination; the union of two or more minds in a thing done or to be done; @ mutual assent todoa thing.

Com, Dig. “ Agreement,” A 1.

The consent of two or more persons conturring, the one in parting with, the other in receiving, some property, right, or benefit. Bac. Abr. A promise, or undertaking. This is a loose and incorrect sense of the word.

5 East, 11. See 8 Brod. & B. 14; 3 N. Y. 335.

The writing or instrument which is evidence of an wyreement. Agreements are of the following several descriptions, viz.: Conditional agreements, the operation and effect of which depend upon the existence of a supposed state of facts, or the performance of a condition, or the happening of a contingency. Lxecuted agreements, which have reference to past events, or which are at once closed and where nothing further remains to be done by the parties. Hxecutory agreements are sich as are to be performed inthefuture. They are commonly preliminary to other more formal or important contracts or deeds, and are usually evidenced hy memoranda, parol promises, etc. Hapress agreements are those in which the terms and stipulations are specifically de- Implied agreements are those which the law infers the parties to have made, although the terms were not openly expressed.

Synonyms distinguished

The term “agreement” is often used a8 synonymous with “contract.” Properly speaking, however, itis a wider term than “contract” (Anson, Cont.4.) An agreement might not be a contract, because not fullilling some requirement of the law of the place in which it is made. So, where a contract embodies a series of mutual stipulations or constituent clauses, each of these clauses might be denominated an “agreement.” “Agreement” is seldom applied to specialties; “contract” is generally contined to simple contracts; and “promise” refers to the engagement of a party without reference to the reasons or considerations for it, or the duties of other parties. Pars. Cont. 6. “ Agreement” is morecomprehensive than “promise;” signifies a mutual contract, on consideration, between two or more parties. A statute (of frauds) which requires the agreement to be in writing includes the consideration, 5 East, 10. “Agreement” is not synonymous with “promise” or “undertaking,” but, in its more proper and correct sense, signifies a mutual contract, on consideration, between two or more parties, and implies a consideration.

24 Wend. 285.