INTER PARTES (Lat. between the parties). A phrase signifying an agreement professing in the outset, and before any stipu lations are introduced, to be made between such and such persons : as, for example, "This indenture, made the — day of —, 1848, between A B of the one part, and C D of the other." It is true that every contract is in one sense inter partes, because to be valid .there must be two parties at least ; but the technical sense of this expression is as above mentioned. Addison, Contr. 9.
2. This being a solemn declaration, the effect of such introdnction is to make all the covenants comprised in a deed to he cove nants between the parties and none others: so that should a stipulation be found in the body of a deed by which " the said A B covenants with E F to pay him one hundred dollars," the words "with E F" are inoperative, unless they have been used to denote for whose bene fit the stipulation may have been made, being in direct contradiction with what was pre viously declared, and C D alone can sue for the non-payment ;, it being a maxim that where two opposite intentions are expressed in a contract, the first in order shall prevail. 8
Mod. 116; 1 Show. 58 ; 3 Lev. 138 ; Carth. 76 ; Rolle, 196 : 7 Mees. & W. Exch. 63. But this rule does not apply to simple contracts inter partes. 2 Dowl. & R. 277 ; 3 id. 273 ; Addison, Contr. 244, 256.
3. When there are more than two sides to a contract inter panes, for example, a deed, as, when it is made between A B of the first part, C D of the second, and E F of the third, there is no objection to one covenanting with another in exclusion of the third. See 5 Coke, 182 ; 8 Taunt. 245 ; 4 Q. B. 207 ; Addison, Contr. 267.