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EARNEST

Volume 7 · 83 words · 1815 Edition

(ARRHÆ), money advanced to bind the parties to the performance of a verbal bargain. By the civil law, he who recedes from his bargain loses his earnest, and if the person who received the earnest give back, he is to return the earnest double. But with us, the person who gave it, is in strictness obliged to abide by his bargain; and in case he decline it, is not charged upon forfeiting his earnest, but may be sued for the whole money stipulated.