What is AGREEMENT? Definition of AGREEMENT in Black's Law Dictionary
A coming or knitting together of minds; a corning together in opinion or determi- nation; the coming together in accord of two minds on a given proposition; in law 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 fu- ture facts or performances; the consent of two or more persons concurring respecting the transmis- sion of some property, right, or benefits, with the view of contracting an obligation, a mutual ob- ligation. Bac.Abr.; 'Rocha v. Hulen, 6 Cal.App.2d 245, 44 P.2d 478, 482.
The act of two or more persons, who unite in expressing a mutual and common purpose, with the view of altering their rights and obligations. The union of two or more minds in a thing done or to be done; a mutual assent to do a thing. Corn. Dig. "Agreement," A 1. See Aggregatio Mentium. Carter v. Prairie Oil & Gas Co., 58 Okl. 365, 160 P. 319, 322. A compact between parties who are thereby subjected to the obligation or to whom the contemplated right is thereby secured. People v. Mills, 160 Misc. 730, 290 N.Y.S. 48, 52.
Although often used as synonymous with "contract," Douglass v. W. L. Williams Art Co., 143 Ga. 846, 85 S.E. 993, it is a wider term than "contract" (Anson, Cont. 4.) An agreement might not be a contract, because not fulfill- ing some requirement. And each of a series of mutual stipulations or constituent clauses in a contract might be denominated an "agreement." The meaning of the con- tracting parties is their agreement. Whitney v. Wyman, 101 U.S. 396, 25 L.Ed. 1050. "Agreement" is seldom applied to specialties. Pars.Cont. 6.
"Agreement" is not synonymous with "promise" or "undertaking." It signifies a mutual contract, on consid- eration. Andrews v. Pontue, 24 Wend.N.Y. 285; Wain v. Warlters, 5 East, 10; wherein parties must have a distinct intention common to both, and without doubt or difference. Blake v. Mosher, 11 Cal.App.2d 532, 54 P.2d 492, 494.
The writing or instrument which is evidence of an agreement.
Classification
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.
Executed agreements, which have reference to past events, or which are at once closed and where nothing fur- ther remains to be done by the parties.
Executory agreements are such as are to be performed in the future. They are commonly preliminary to other more formal or important contracts or deeds, and are usu- ally evidenced by memoranda, parol promises, etc.
Express agreements are those in which the terms and stipulations are specifically declared and avowed by the parties at the time of making the agreement.
Implied agreement. (1) Implied in fact. One inferred from the acts or conduct of the parties, instead of being expressed by them in written or spoken words. Baltimore Mail S. S. Co. v. U. S., C.C.A.Md., 76 F.2d 582, 585. (2)
Implied in law; more aptly termed a constructive or quasi contract. One where, by fiction of law, a promise is i mputed to perform a legal duty, as to repay money obtained by fraud or duress. Baltimore Mail S. S. Co. v. S., C.C.A.Md., 76 F.2d 582, 585. One inferred by the
law where the conduct of the parties with reference to the subject-matter is such as to induce the belief that they intended to do that which their acts indicate they have done. Baltimore & 0. R. Co. v. U. S., 261 U.S. 592, 43 S.Ct. 425, 67 L.Ed. 816; Cuneo v. De Cuneo, 24 Tex.Civ.App. 436.59 S.W. 284.
Parol agreements. Such as are either by word of mouth or are committed to writing, but are not under seal. The common law draws only one great line, between things under seal and not under seal. Wharton.
In agreement means in conformity, or harmony' with. Brown Real Estate Co. v. Lancaster Coun- ty, 110 Neb. 665, 194 N.W. 897, 898.
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