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 ---------, A. D. 19-, 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,
Said C. D. is to have the sole use and occupancy of the house and lot which are described as follows: ---------.
Said A. B. covenants to maintain said house in perfect repair; and to furnish sufficient light, heat, water, gas and such other necessities and comforts.
Said A. B. furthermore agrees to pay for such servant or servants as said €. D. may wish to employ, not to exceed the sum of ---------dollars per month.
.Said A. B. furthermore agrees to pay the cost of such provisions such as ice, clothing, shoes and other necessaries as said C. D. may purchase, not to exceed in all the sum of --------- dollars per month. In addition thereto said
A. B. covenants to pay to said C. D. the sum of ---------dollars in cash at ---------
[insert place of payment] on the first day of every month', beginning with ---------
[insert date of first payment]. Said C. D. is hereby authorized to charge the articles specified in this contract to the account of said A. B.; and said C. D. agrees to examine the accounts and charges submitted to A. B. and to approve the same if they are true and correct.
In consideration of the foregoing covenants said C. D. hereby agrees to convey to the said A. B., his heirs and assigns, forever, the following described realty: --------- [insert description of realty]; and the following described personalty: --------- [insert description of personalty, if any]; and the said A. B.
hereby agrees, at the time of the delivery of said deed and of the transfer of said personalty, to execute and deliver to the said C. D., his heirs and assigns, forever, a mortgage upon the property thus conveyed, to secure the performance of this contract.
If 6aid A. B. shall die before this contract is to be performed, it is hereby agreed by the parties that the heirs, devisees, executors and administrators of the said A. B. may perform said contract at their election; and that if they so elect and well and truly perform said contract, the death of said A. B. shall not in any way affect the rights of the parties hereunder; but if the said heirs, devisees, executors and administrators of the said A. B. shall not elect to perform said contract, the said A. B. for himself, his heirs, devisees, executors, administrators and assigns, does covenant that his said heirs, devisees, executors, administrators and assigns, will reconvey to the said C. D. the property which the said C. D. has covenanted to transfer to the said A. B., in performance of this contract; and that the executors and administrators of the said A. B. will pay to the said C. D. the further sum of --------- dollars as liquidated damages for the non-performance of this contract during the remainder of the life of C. D.
In witness whereof, etc.
Additional clauses may be Inserted making provision for furnishing other necessities and luxuries such as an automobile, nursing, medicine, attendance of a physician and the expenses of the funeral and a provision for a tombstone.
If the contract is made for the support of husband and wife, and the like, provision should be made for the change of circumstances which will follow the death of one of them.
A contract for furnishing support should always specify where such support is to be furnished; whether at a place agreed upon by the parties in advance, at a place to be selected by the party who furnishes the sup-
Sort, or at a place to be selected by the party to whom such support Is to be furnished.
Contracts of this sort are frequently made without consideration of the consequences to either party, and are likely to result In suits for rescission. If such contracts are to be made, a definite understanding of the details of performance should be reached in advance.
For implied contracts to compensate for support, see Sec. 1444 et seq.
For extras, see Sec. 1469 et seq.
For failure of consideration, see Sec. 2988.
For cancelation for breach, see Sec. 3415.