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2. That [at the same time and place] the defendant agreed, in consideration of the letting of the said premises to the said E. F., to guarantee the punctual payment of the said rent.

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3. That the rent aforesaid for the month of

rupees, has not been paid.

day of

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18, amounting

[If, by the terms of the agreement, notice is required to be given to the surety, add :— -] 4. That on the 18 the plaintiff gave notice to the defendant of the non-payment of the said rent, and demanded payment thereof. 5. That he has not paid the same.

[Demand of judgment.]

B.-PLAINTS FOR COMPENSATION FOR BREACH OF CONTRACT.

No. 56.

FOR BREACH OF AGREEMENT TO CONVEY 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, &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 hereinafter mentioned, he would, on the day of cute to the plaintiff a sufficient conveyance of [the house No.

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street, in the

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free from all incumbrances; and the plaintiff agreed to pay [ten thousand] for the same on delivery thereof].

2. That on the

day of

18 , the plaintiff demanded the convey

ance 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

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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.

5. The plaintiff prays judgment for

rupees compensation.

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

18

at

[Or, That on the day of , the plaintiff and defendant. mutually agreed that the plaintiff should sell to the defendant and that the defendant should purchase from the plaintiff forty bighas of land in the village

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rupees.] day of

18

at

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2. That on the , the 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.)

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

day of

18

it was

1. That by an agreement dated the 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 of the said purchase-money on the signing of the said agreement, and the remainder on day of 18 on which day the said purchase should

the

be completed.

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(b) That the plaintiff should deduce and make a good title to the said premises on or before the day of 18 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.]

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

tiff should pay therefor

day of

rupees on delivery.

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.)

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

day of

18

at

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the

1. That on the 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). day of

2. That on the

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.

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18 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.

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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.]

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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].

2. That the plaintiff has always been ready and willing to perform his part of the said agreement [and on the 18 , offered so to

do].

day of

18

, he

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3. That the defendant [entered upon] the service of the plaintiff on the abovementioned day, but afterwards, on the refused to serve the plaintiff as aforesaid.

day of

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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.

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

[Or state the tenor of the contract.].

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] wil

,

fully absented himself from the service of the plaintiff, and continues so to do.

[Demand of judgment.]

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

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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.

or

3. That the defendant has not [instructed the plaintiff in the business of state any other breach, such as cruelty, failure to provide sufficient food, or other ill-treatment]. [Demand of judgment.]

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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.

[Or, 2. That at the same time and place, the defendant bound himself to the plaintiff, by a writing under his hand, in the penal sum of rupees, conditioned that if the said E. F. should faithfully perform his duties as clerk and cashier to the plaintiff, and should justly account to the plaintiff for all moneys, evidences of debt, or other property which should be at any time held by him in trust for the plaintiff, the same should be void but not otherwise.]

[Or, 2. That at the same time and place, the defendant executed to the plaintiff a bond, a copy of which is hereto annexed.]

3. That between the the said E. F., received

day of

18, and the day of

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18 money and other property, amounting to the value of rupees, for the use of the plaintiff, for which he has not accounted to him, and the same still remains due and unpaid.

[Demand of judgment.]

No. 67.

BY TENANT AGAINST LANDLORD, WITH SPECIAL DAMAGE.

(Title.)

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

day of

18

at

1. That on the ant, by an instrument in writing, let to the plaintiff [the house No.

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