Upon formal agreements for sale, few questions arise distinguishable from those which have been already considered with reference to the particulars and conditions.

In framing such agreements, it is usual to make the parties agree, each "for himself, his heirs, executors, and administrators;" the insertion of the word "hens," however, is scarcely correct, unless the instrument be under seal; and it is not necessary, although the general practice, to name the personal representatives.

Upon a sale by auction, the agreement, of course, refers to, and is generally written or printed upon a copy of, the particulars and conditions.

Upon a sale by private contract, the agreement, as a general rule, comprises whatever stipulations and other matter would, had the sale been by auction, have been comprised within the particulars and conditions; except such matter as exclusively applies to an auction; when it is probable that special stipulations, as to title, etc., will be necessary, the agreement should be prepared in blank before the estate is offered for sale.

Void agreement for (inter alia) the sale of land, where void in toto.

As to formal agreements.

As to naming the representatives of the parties.

Agreement, on sale by auction, refers to particulars, etc.

What to be comprised in agreement on sale by private contract.

(d) O'Connor v. Spaight, 1 Sch. & Lef. 306.

(e) Mechelen v. Wallace, 7 Ad. & E. 49.

(f) Vaughan v. Hancock, 10 Jur. 926; and see Lord Falmouth v. Thomas, 1 Cromp. & Mees. 89.

In preparing agreements for the sale of land to promoters of public undertakings, care should be taken to state whether the purchase-money is to be in lieu of those accommodation works which the promoters are prima facie bound to make and maintain for the owners of adjoining land; and whether the ordinary or statutory rule as to the expenses of the purchaser is to operate (g): the agreement for sale to a Railway or Waterworks Company, should, if such be the intention, expressly state that the mines and minerals are included in the purchase (h).