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Show page 2 Sugar House. Utah Thursday. December 12. 1957 INDEPENDENT LISTENING and LIVING by Tammy Thompson Christmas card with an initialed handkerchief enclosed. This will set the pace for their gift-givin- g which might appropriately be candy or a corsage. Boy friends won't be "two-time- d" any more than girls will, so I suggest you treat the gentlemanly FOURSOME as boy - friend ac-quaintances during the Christmas rush. Then comes NEW YEAR'S EVE. Me, oh my, what a problem! That is the night every boy wants his special date by his side. You, no doubt, have a "favorite" among the four but the law of average probably won't permit him to be the "first" to ask you for a New Year's Eve date. Let's assume you accept the first invitation proffer-ed, and should you be asked for another date that same night, that you simply say: "I'm sorry, I al-ready have a date for that evening but I do jiope' you'll. invite me ag-ain soon. Happy New Year to you. just the same! " After a few date turn-down- s, the Foursome will become a Three-some; and the Threesome, a Two-some; and finally, the "one-and-only- !" " Tammy Thompson Dear Tammy: Christmas is coming and I'm in a traffic jam with four boy friends. Most girls would revel in having four boy friends but I'm worried how to keep them all hap-py during Christmas holidays! How can I see them all without some interference? Then comes New Year's Eve, also! I don't know which boy I like best ... I like each one best in a certain way. My folks live in a . Small town nearby and I plan to spend Christ-mas Day with them, but I'd like to come back to the city to my apartment Christmas nite. Would it be proper to invite the one with the real ritzy car to have Christ-mas Eve supper with us at home so I can get a way home and then have the other one with a car come get me Christmas night and bring me back to the city? But what about the other two? "Foursome" Worrier Dear Foursome Worrier: Perhaps you're worrying in "quadruplicate" with that much basis for worry. But since you're "playing the field" and justly wor-ried, you'd better keep a score-car- d for each. Have you asked yourself this question: Are they all boy friend "acquaintances," or is each a bo-nafi- de "boy friend?" By answering this question, perhaps you can de-cide which one is to spend Christ-mas Eve with you. However, BE-WARE, you may get fooled since you're not going steady. Very often boys are just as shy as girls when Christmas rolls around, and es-pecially if they don't have a steady job. No doubt, the one with the "ritzy car" vvill be around. He seems to have spending money as well as transportation. Now, let's discuss how YOU are going, to remember each' of your boy friend acquaintances because YOU aren't going STEADY either. This could be a financial burden if you take it too seriously, i My sug-gestion, is - that a week before Christmas,' you mail each one a by Richard J. Maughan, B.S.. L.L.B. Contracts i Every day most of us enter into ... some sort of a contractual rela-- " tionship. Usually, these contracts c-j- I l7 - ve make with thers are made performed and - forgotten, about because we, and . those with whom - - we deal, do what -- , is supposed to be done and our. re- - - .; lationship comes ;V- - to an end with- - joral. There are some situations which require that an agreement be in writing. Possibly, the most important area in this regard is that which is controlled by the Statute of Frauds. This thread of the law which runs in several dir-ections and outright frauds in transactions involving real estate, and other items of more than a certain value, and etc. So vast is the law which has developed ar-ound this concept of the law, that the title itself is handled indepen-dently of the law of contracts in the legal encyclopedias. The name lof this concept would be moie ex-Iplic- it if it were referred to as the 1 State to Prevent Frauds. When this body of law wasjirst made a jpart of the English law, viz., dur-ing the reign of Charles II, 1766, it was entitled "An Act for the Prevention of Frauds and Perju-jries.- " It is this statute which form-ie- d the framework for all of the statutes of the various United States which deal with the neces- - sity of putting certain agreements (into writing, adopted by specific j legislative act either directly or 'indirectly, or by general legisla-tive acts which gave fore and ef-fect ..to English statutes and com-mon law by adopting all such sta-tutes and law in force at a certain time, and which were applicable to the conditions prevailing in the particular state. In this regard, an interesting situations obtains in Maryland. It is said there that the English statute of frauds is in force there, not because of any specific legislative act adopting it, but because the provisions of art-icle 5 of the Declaration of Rights declared that the people of Mary-land were to have the benefit of those English statutes in force on July 4, 1776,' which fitted; their lo-cal circumstances. ' ;v " : promise of one person is consider-Consideratio- n This part of a contract is. a part out complaint. ;., This, of course, R. J. IVlauahan ' " ' f" is as it should be, but occasionally contracts" are made and misunder-- , .J;' standings arise concerning what 7 should be done under the agree-- ; ment, or people think they have : ; j made a contract and the time for , 7," performance of the supposed pro- - ; rnjse arrives but nothing is done. ' " These "situations produce alterca-- : ..I- - " tions, some of which are settled , ' ,out of court, while others become : involved in courtroom scenes, ' V where the facts and the law appli-- , cable to the situation are explored , ,t and tho-- problem producing the al-- ; teication is at length settled by judgment. ; v It is conceivable that every con- - tractual situation could be sc handled, with the help of legal counsel, that the rights and duties of each of the contracting parties would be so clear that no misun-t- . ,Tderstanding would occur. This, of course, is against the ideal way. but human nature being what it is, it is not infrequently that peo-ple will "shoot first and ask ques-.- ; tions afterward." stated anothei way, people'will put their names to some document ' or another, ""without legal advise, only to find "t?at some . subsequent time' that they , have promised to do something i; ('which they-mo- st definitely did not intend to be bound to do. This, without which a cjntract is not. It takes many forms, two broad ex-amples of consideration are: ' A promose of one person is consider-ation for the promise of another', ind an act of .One person may be consideration , for , the promise of mother. . How Old is the Law of Contracts? It is as . old . as communicating man. We have - no record of its beginning,' but we do have a' very iarly record of its existence. This record was discovered in 1901 and is a black disc of diorite. On it is inscribed the Code-- of Hammur-abi, or Hammurapi (circa 1955 -- 1913 B.C.) Like all law it was de-signed to preserve the peace and jrder of the community, and an i 4 'sometimes disastrous, state of at-- f fairs could be avoided if the peo-j- " pie sought the advice, of their law ; yer before, and not after, they iv signed their names to that inno-- cent looking piece of paper. V. The usual reaction in this situa-tion is for one --who has signed some written contract to ask i "But, how can I be made to do " something which I didn't agree tc do? He knew very well what -- I v intended to do. We talked abou . it."-Th- e usual answer is, "What . you agreed to do is on the paper you signed the paper, and what is on the paper the law will enforce.'! j There are exceptions to this re-- . put, because there are many anc varied legal concepts which go in- - - to the making of a contract. . So example of it is as follows:' "If a man owe a debt and Adad (Adad was the God of Storrns) innundate his field and carry ,away the pro-- ; duce, or, through lack of water, grain have not grown in the field, in that year, he . shall . not make any return of grain to the creditor, he, shall alter his contract; tablet and he . shall not pay the interest for that year." -- - Next week we will be approach-ing Christmas, let's talk a little about that season of the year. Of itself it provides an interesting in-sight into the control of societies. See ya then. : i'.'.iif you-eve- have any question! "before or after signing any papers, " - see your lawyer. . What is a Contract? - s . Simply stated, a contract is an agreement between two or mort , people to do or not to do a parti-cular act, the agreement being one which the law will enforce, That is to say,if the agreement is one to whiclT the law will not lend its power to enforce, there is no contract, e.g., agreements which have as their objects some thing immoral, agreements made with incompetent persons, agree ments which are contrary to pub lie policy, and etc. Once j the law gives effect to an . agreement it will compel perfor-mance, in - appropriate ways, and the government may not alter the terms of the agreement. The con-tract stands as an expression o rights and duties which the parties to the agreement have promised to receive and to give. The fundamental characteristics of a contract are: An offer and an acceptance of that offer.-I- t is at this point that many of thej problems concerning contracts ar- - ise, i.e., has .an offer been made. ; and has that offer been accepted in accordance with its terms, and only in accordance with its terms? Must a Contract Be Written Or Oral? They may be both written and SOUTH EAST INDEPENDENT 1123 East 21st South Dial IN 7-1- Or HU The Southeast Independent is entered as Second Class Matter, March 1. 1946, in Salt Lake City Post Office under the act of March 3, 1879. It is published each Thurs-day morning. South East Independent is pub-lished by the News Bulletin, Inc., and Sugar House Press, Inc., at 1123 E. Twenty-Firs- t South St. Sugar House, Utah. Subscription rates are. 3.00 per year by mail. Single copy price is ten cents. (Publisher Clair King Editor Emma D. King NOTICE To Mortgagor by Mortgagee in proceeding to foreclosure and sale. By virtue of a chattel mortgage executed by Russell Miller Co. and Owen and Rose Collins dated the 25th day. of Sept., 1957, and upon which default has been made and upon which is due $434.21, we will expose for sale at public auction on 20 Dec, 1957, at 2 p.m. o'clock at 373 So. Main, Salt Lake City, Utah, certain property men-tioned in said mortgage as follows, " to wit: ' 1949 or Chev ' Motor No. GAAS57703 The terms of the sale will be (made known on the day of the sale. I Earl Johnson, Ass't .Mgr. i ' j NOTICE To Mortgagor by Mortgagee in proceeding to foreclosure and sale By virtue of a chattel mortgage executed by Miller Finance and Gary I. Rasmussen, dated the 1 day of Feb. 1957, and upon which default has been made and upon which is due $614.57, we will ex-pose for sale at public auction on Dec. 20, 1957, at 2:15 p.m. o'clock at 373 South Main, Salt Lake City, Utah, certain property mentioned in said mortgage as follows, to wit: ' f - - ... ; 1950 Two door, sedan Oldsmobile, No 8' A 207756H : ";; Serial No. '8 K 2210 . " " The terms of the sale will be made known on the day of "the sale. Earl Johnson, Ass't. Mgr. NOTICE TO CREDITORS Estate of John F. Scheib, De-ceased. Creditors will present claims with vouchers to the undersigned at the office of W. Douglas Allen, 2121 South State St., Salt Lake City, Utah, on or before the first day of March, A D. 1957, LEONA . S.. LAYT0N, Executrix of the , Last Will and Testament John F;vScheib Deceased. W. , Douglas - Allen, : Attorney- - for Executrix. - t .D. 1957.) ...... , - i(Date of first pub. October 31, - NOTICE To Mortgagor by Mortgagee in proceeding to .'. foreclosure :and By virtue of a chattel mortgage executed by : Russell M.' Miller Co. and Wesley C, - Hardy dated the 23rd day of Feb.,: 1957, and. upon. , which default: has beem made and -- upon whicK'isrdue $312.'08, we will- - -- expose for sale at jwblici auction on 16 Dec.', 1957, at 2: 30- - p.m. o'clock, . at Salt- - Lake City.. Utah, certain property mentioned in said . mortgage as follows, to wit: 1951 Hudson Motor No. 8 A 106726 : The terms of the sale will be made known on the day of the t sale. Earl Johnson, Mgr. ;. 'v v rNOTICE; v- -; ;i" ' To Mortgagor by. Mortgagee in; proceeding to foreclosure and sale By virtue' of . a chattel mortgage executed by Russell M. Miller Co. and Joseph Wayne Burton, , dated the 27 day . of . Sept., 1957, and upon which default has been made and upon which is due $367.91, we will expose for sale at public auction on 16 Dec, 1957, at 2 p.m. o'clock at 373 South Main, Salt Lake City, Utah, certain property mentioned in said mortgage as follows,, to wit: . r 1950 Chevrolet Motor HAD 609613 The terms of .the sale will be made kliown on the day of the sale. ' Earl Johnson, Mgr. The Navy's AEROBEE-H- I rock- - et recently punched a 190-mi- le : record for single stage rockets. I hole in the sky, setting a new By the time its fuel was ex-hausted, the Navy's Viking rocket has reached a speed of about 3,50C Buy a Practical Gift this year Electric Garbage Disposal J5rrt 1 ' NOW no more messy wet bags of garbage to AJL 1-- S carry out. 1 (tflP? SAVE at this . . . - (SSVkiti LOWPR1CE I lH ONLY. New Sanitary Toilet-Seat- s Furnace Filters . Replace old dirty.cracked We carry complete stocks toilet seats now with a of Furnace Filters in all NEV(, easy-lo-clea- n sani- - szes tary Toilet Seat. Easy to install. Replace your bid filter SPECIAL at only Q98 now and SAVE on your v fuel bill. LF HEADQUARTERS " ENGLAND PLUMBING SUPPLY 3329 Highland Drive PHONE HU5-337- 1 Hours: 8 to 7:00 daily. Open Sunday: 10 to 2:00 NEED CHRISTMAS It's yours . for the asking at Elledge Finance ask anyone who has dealt with Jack Elledge and they will tell you that Jack's "fast, convenienl service" makes life a lot brighter. "If you need money See ELLEDGE" ELLEDGE FINANCE 1202 E. 21st So. HU5-981- 1 "Owned and operated by Local Folks" |