This section is from the book "The Law Of Contracts", by William Herbert Page. Also available from Amazon: Commercial Contracts: A Practical Guide to Deals, Contracts, Agreements and Promises.
This contract entered into this --------- day of ---------, by and between
A. B., of the City of--------, State of---------, party of the first part, and C. D., of the City of ---------, State of ---------, party of the second part, Witnesses:
That whereas the said C. D. in consideration of the covenants of said
A. B. hereinafter contained --------- [insert consideration furnished by C. D., whether work and labor to be furnished, support, forbearance to enforce debts and the like];
Now the said A. B. does hereby covenant that he will execute his last will and testament in due and lawful form, and that he will thereby devise and bequeath to the said C. D., hie heirs, executors and administrators forever, the following described property --------- [insert description of property]; provided, however, and this contract is upon this condition, that in case the said C. D.
shall fail to --------- [insert covenants, the breach of which is to discharge the contract] this contract shall be void and of no effect; but in such case the said A. B. covenants to --------- [insert provision for making compensation to
C. D. for the value of the performance furnished by him, unless it is intended to provide for a forfeiture in case of breach].
In witness whereof, etc.
For the validity of such contract, sec Sec. 866.
For the necessity of written evidence, see Sec. 1281.
For breach, see Sec. 2935.
For the measure of damages, see Sec. 3235.
For specific performances, see Sec. 3326.
For limitations, see Sec. 3433, 3435.
For specific performance, see Sec. 3326.
See references under Sec. 3849.