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TREATY Definition & Legal Meaning

Definition & Citations:

In international law. An agreement between two or more independent states. Brande. An agreement, league, or contract between two or more nations or sovereigns, formally signed by commissioners properly authorized, and solemnly ratified by the several sovereigns or the supreme power of each state. Webster; Cherokee Nation v. Georgia, 5 Pet. 00, 8 L. Ed. 25; Edye v. Robertson, 112 U. S. 5S0, 5 Sup. Ct. 247, 28 L. Ed. 798; Holmes v. Jennison. 14 Pet. 571, 10 L. Ed. 579; U. S. v. Rauscher, 119 U. S. 407, 7 Sup. Ct. 234, 30 L. Ed. 425; Ex parte Ortiz (C. C.) 100 Fed. 902. In private law, “treaty” signifies the discussion of terms which immediately precedes the conclusion of a contract or other transaction. A warranty on the sale of goods, to be valid, must be made during the “treaty” preceding the sale. Chit. Cont. 419; Sweet.

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