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[Or That on, &c., the defendant agreed with the plaintiff that, in consideration of a deposit of rupees then paid, and of the further sum of ten thousand rupees payable as hereafter mentioned, he would, on the day of

18

at "

execute to the plaintiff a sufficient conveyance of [the house No. street, in the city of free from all incumbrances; and the

plaintiff agreed to pay ten thousand rupees for the same on delivery thereof].

2. That on the day of 18 the plaintiff demanded the conveyance of the said property from the defendant and tendered rupees to the defendant [or, that all conditions were fulfilled, and all things happened and all times elapsed necessary to entitle the plaintiff to have the said agreement performed by the defendant on his part.]

3. That the defendant has not executed any conveyance of the said property to the plaintiff [or That there is a mortgage upon the said property, made by

to

for on the day of other defect of title].

rupees, registered in the office of

18 and still unsatisfied, or any

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4. That the plaintiff has thereby lost the use of the money paid by him as such deposit as aforesaid and of other moneys provided by him for the completion of the said purchase, and has lost the expenses incurred by him in investigating the title of the defendant and in preparing to perform the agreement on his part, and has incurred expense in endeavouring to procure the performance thereof by the defendant.

The plaintiff prays judgment for

rupees compensation.

No. 57.

FOR BREACH OF AGREEMENT TO PURCHASE LAND.

(Title.)

A. B., the above-named plaintiff, states as follows :

1. That on the day of

18 , at

the

plaintiff and defendant entered into an agreement, under their hands, of which a copy is hereto annexed.

[Or that on the day of

18

, at

the plaintiff and defendant mutually agreed that the plaintiff should sell to the defendant, and that the defendant should purchase from ti e plaintiff, forty bighás of land in the village of

for

rupees].

18, at

the

2. That on the day of plaintiff being then the absolute owner of the said property and the same being free from all incumbrances, as was made to appear to the defendant], tendered to the defendant a sufficient instrument of conveyance of the same [or, was ready and willing, and offered to

convey the same to the defendant by a sufficient instrument,] on the payment by the defendant of the said sum.

3. That the defendant has not paid the same.

[Demand of Judgment.]

No. 58.

Another Form.

FOR NOT COMPLETING A PURCHASE OF IMMOVEABLE PROPERTY.

(Title.)

187

A. B., the above-named plaintiff, states as follows:1. That by an agreement dated the day of it was agreed by and between the plaintiff and the defendant that the plaintiff should sell to the defendant and the defendant should purchase from the plaintiff a house and land at the price of rupees, upon the terms and conditions following (that is to say)— (a) That the defendant should pay the plaintiff a deposit of rupees in part of the said purchase-money on the signing of the said agreement, and the remainder on the

day of

187 on which day the said purchase should be completed.

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187

(b) That the plaintiff should deduce and make a good title to the said premises on or before the day of and on payment of the said remainder of the said purchase-money as aforesaid should execute to the defendant a proper conveyance of the said premises, to be prepared at the defendant's expense.

2. That all conditions were fulfilled, and all things happened and all times elapsed necessary to entitle the plaintiff to have the said agreement performed by the defendant on his part, yet the defendant did not pay the plaintiff the remainder of the said purchase-money as aforesaid on his part.

3. That the plaintiff has thereby lost the expense which he incurred in preparing to perform the said agreement on his part, and has been put to expense in endeavouring to procure the performance thereof by the defendant.

[Demand of Judgment.]

No. 59.

FOR NOT DELIVERING GOODS SOLD.

(Title.)

A. B., the above-named plaintiff, states as follows:

1. That on the

day of

18

at

the plaintiff and defendant mutually agreed that the defendant should deliver [one hundred barrels of flour] to the plaintiff [on the 18 ,] and that the plaintiff should rupees on delivery.

day of

pay therefor

2. That on the [said] day, the plaintiff was ready and willing, and offered, to pay the defendant the said sum upon delivery of the said goods.

3. That the defendant has not delivered the same, whereby the plaintiff has been deprived of the profits which would have accrued to him from such delivery.

[Demand of Judgment.] .

No. 60.

FOR BREACH OF CONTRACT TO EMPLOY.

(Title.)

18

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at

the

A. B., the above-named plaintiff, states as follows:1. That on the day of plaintiff and defendant mutually agreed that the plaintiff should serve the defendant as [an accountant, or in the capacity of foreman, or as the case may be], and that the defendant should employ the plaintiff as such, for the term of [one year], and pay him for his services rupees [monthly].

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2. That on the day of 18 the plaintiff entered upon the service of the defendant as aforesaid, and has ever since been, and still is, ready and willing to continue in such service during the remainder of the said year, whereof the defendant always had notice.

18

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3. That on the day of the defendant wrongfully discharged the plaintiff, and refused to permit him to serve as aforesaid, or to pay him for his services.

[Demand of Judgment.]

No. 61.

FOR BREACH OF CONTRACT TO EMPLOY, WHERE THE
EMPLOYMENT NEVER TOOK EFFECT.

(Title.)

A. B., the above-named plaintiff, states as follows:

1. [As in last preceding Form.]

2. That on the day of

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the plaintiff offered to enter upon the service of the defendant, and has ever since been ready and willing so to do.

3. That the defendant refused to permit the plaintiff to enter upon such service, or to pay him for his services.

[Demand of Judgment.]

No. 62.

FOR BREACH OF CONTRACT TO SERVE.

(Title.)

A. B., the above-named plaintiff, states as follows:1. That on the day of

18

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at

the plaintiff and defendant mutually agreed that the plaintiff should employ the defendant at [an annual] compensation of

rupees, and that the defendant should serve the plaintiff as [an artist] for the term of [one year.]

18

2. That the plaintiff has always been ready and willing to perform his part of the said agreement [and on the day of offered so to do.]

3. That the defendant [entered upon the service of the plaintiff on the above-mentioned day, but afterwards, on the day of

18 he] refused to serve the plaintiff as aforesaid. [Demand of Judgment.]

No. 63.

AGAINST A BUILDER FOR DEFECTIVE WORKMANSHIP.

(Title.)

A. B., the above-named plaintiff, states as follows :

1. That on the

day of

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:

the plaintiff and defendant entered into an agreement, of which a copy is hereto annexed:

[Or state the tenor of the contract.]

[2. That the plaintiff duly performed all the conditions of the said agreement on his part.]

3. That the defendant [built the house referred to in the said agreement in a bad and unworkmanlike manner.]

[Demand of Judgment.]

No. 64.

BY THE MASTER AGAINST THE FATHER OR GUARDIAN OF AN

APPRENTICE.
(Title.)

A. B., the above-named plaintiff, states as follows:

1. That on the

at

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the defendant entered into an agreement, under his hand and seal,* a copy of which is hereto annexed :

[Or state the tenor of these covenants.]

* The form given in Act XIX of 1850 requires the seal of the father or guardian.

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2. That after the making of the said agreement the plaintiff received the said [apprentice] into his service as such apprentice for the term aforesaid, and has always performed and been ready and willing to perform all things in the said agreement on his part to be performed.

3. That on the day of 18 the said [apprentice] wilfully absented himself from the service of the plaintiff, and continues so to do.

[Demand of Judgment].

No. 65.

BY THE APPRENTICE AGAINST THE MASTER.

(Title.)

A. B., the above-named plaintiff, states as follows:

1. That on the day of

18

at

the defendant entered into an agreement with the plaintiff and his father, E. F., under their hands and seals, a copy of which is hereto annexed.

2. That after the making of the said agreement the plaintiff entered into the service of the defendant with him after the manner of an apprentice to serve for the term mentioned in the said agreement, and has always performed all things in the said agreement contained on his part to be performed

3. That the defendant has not [instructed the plaintiff in the business of or state any other breach, such as cruelty, failure

to provide sufficient food, or other ill-treatment.]

[Demand of Judgment.]

No. 66.

ON A BOND FOR THE FIDELITY OF A CLERK.

(Title.)

A. B., the above-named plaintiff, states as follows:

1. That on the day of

plaintiff employed one Ě. F. as a clerk.

2. That on the day of

18

18

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, at

the defendant agreed with the plaintiff, that if the said E. F. should not faithfully perform his duties as a clerk to the plaintiff, or should fail to account to the plaintiff for all moneys, evidences of debt, or other property received by him for the use of the plaintiff, the defendant would pay to the plaintiff whatever loss he might sustain by reason thereof, not exceeding

rupees.

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