5b. An agreement induced by fraud cannot stand. Dig. 2, 14, 7, s. 9.5c. Those things which are impossible to be given, or which are not in the nature of things, are regarded as no part of an agreement. Dig. 50, 17, 135.5i. Nothing can be effected by an agreement that there shall be no accountability for fraud. Dig. 2, 14, 27, 3; Broom, Max. 3d. Lond. ed. 622, 188, n.5j. By special agreement, things are allowed which are not otherwise permitted. Co. Litt. 166.5l. The expressed agreement of the parties overcomes or prevails against the law, because the agreement of the parties makes the law of the contract. Story, Ag. S 368; Dig. 16, 3, 1, 6; 2 Coke, 73.
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