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THE THIRD EDITION.
ON offering the Third Edition of this work to the public, it is necessary that some apology should be made for the delay which has occurred since it was first advertised as preparing for publication :-A period of six years having elapsed since the second edition made its appearance, the accumulation of new cases was great, and the consideration of them occupied a much longer time than had been anticipated. It may be observed that the work has increased in bulk; this was also unavoidable, as the Editor has endeavoured, by noticing all the modern cases, and many
of them at some length, to carry out the Author's intention of rendering the work useful, not merely as a treatise on the principles affecting the law of contracts, but as a useful book of reference and a companion in court or on the circuit. He trusts that such has been the result of his labours; at all events, that the high character which the work bad gained will not have suffered by the alterations and additions he has made.
Some parts of the work have been entirely rewritten, and the Index and Table of Cases have been remodelled; the Editor has, however, retained as much of the original text as he consistently could.
Whilst the work has been in the progress of printing, some few cases have necessarily been reported; these the Editor has been enabled, where they have effected any material alteration in the body of the work, to introduce by cancelling the pages to which they have reference; others, which are merely confirmatory and illustrative of the principles laid down in the text, have been collected in the Addenda. The Editor, therefore, trusts that the work may be found to contain a reference to all the cases which have been reported on the subjects discussed up to the present moment.
6, Pump COURT, TEMPLE,
Notember 2, 1840.
THE SECOND EDITION.
I HAVE endeavoured to render this work not only an elaborate and complete treatise on the principles of the Law of Contracts, illustrated and explained by practical cases, but also a useful Nisi Prius book on the very many important subjects which it embraces.
In order to attain the former object, I have carefully examined the most approved elementary works upon Contracts, — Foreign and English,—and the many excellent judgments pronounced by our courts in reported cases.
With the same view I have in general attempted to explain the reasons upon which the cases referred to have been determined; to reconcile decisions apparently of a conflicting nature; and to point out those cases which seem not to be supported by principle.
That the work may aspire to some rank amongst practical Nisi Prius publications, I have in this Edition not only given with great care the facts of the more important or leading cases, so that the work itself may furnish ready grounds for argument, and easy means of correcting any false deduction, or explaining any obscurity of the author,—but I have also introduced many additional subjects, and amplified such as appeared to me to be too slightly noticed in the former edition :-I allude chiefly to the law affecting contracts for the sale of Real Property ;-and that relating to Landlord and Tenant:-Fixtures;—Husband and Wife;-Partners ;-Principal and Agent;Principal and Surety, or Guarantees and Indemnities;—the Sale of Goods;—the Action for Money had and received ;--and Carriers. The Stamp Law as it relates to agreements, and receipts, is fully stated.
The law of Defences to Actions for Debts and upon Special Contracts, has also been detailed with considerable diffuseness. No pains have been spared to render this part of the treatise practically useful. Not only are the nature and validity of each probable ground of defence fully considered, but the mode of pleading and of proving such defence is also explained.
The Index has been prepared with great care, and will, it is hoped, give ready access to the contents of the work.
6, Pump Court, TEMPLE,
22d May, 1834.
Definition of the terms “ Obliga-
The Prevention of Liti-
Contracts not under Seal.
Assignment of a Debt or
Writing when necessary in General 66 be considered
be adopted .