PREFACE.

The present work was projected in 1887 and something was

then done upon it. It was, however, temporarily laid aside for

other tasks, until January, 1S92. Since that time it has been

constantly in hand and has been prosecuted as rapidly as health

and the pressure of man)' other duties would permit. Not-

withstanding the utmost effort, however, it has been delayed

long beyond the time originally fixed for its completion.

As it is, the book is very far from being what the writer

hoped to make it, or what he still believes he might have made

it, had his work been done under more favorable conditions.

To retain it longer, however, for further elaboration seems

neither practicable nor wise.

The general outline and arrangement of Mr. Benjamin have,

in the main, been adopted. This course was decided upon

for two reasons: first, because Mr. Benjamin's classification

has always been regarded as excellent in itself; but secondly

and chiefly, because Mr. Benjamin's analysis (which in its turn

was largely that of Lord Blackburn) has so decidedly controlled

the development of our law in many important particulars,

that to attempt a new classification or nomenclature would be

confusing if not presumptuous. Mr. Benjamin's text, more-

over, has been freely drawn upon for statements of the Eng-

lish law.

No thought, however, of rivaling Mr. Benjamin's work has

been entertained. Indeed, the writer is convinced, after con-

siderable attention to the subject, that an American book fol-

lowing the method of treatment adopted by Mr. Benjamin is

impracticable. To show the development of the law by an

exhaustive chronological statement of the cases is possible in

England, and would be possible in any single State where

b

Genera

ted f

or

facp

ub

up

date

s (U

niv

ers

ity o

f M

ichig

an)

on 2

01

4-0

6-1

7 1

7:4

5 G

MT /

htt

p:/

/hdl.handle

.net/

20

27

/uc2

.ark

:/1

39

60

/t6

xw

4h5

6n

Public

Dom

ain

/

htt

p:/

/ww

w.h

ath

itru

st.o

rg/a

ccess

_use

#p

d

PREFACE.

The present work was projected in 1887 and something was then done upon it. It was, however, temporarily laid aside for other tasks, until January, 1892. Since that time it has been constantly in hand and has been prosecuted as rapidly as health and the pressure of many other duties would permit. Not­witbstanding the utmost effort, however, it has been delayed long beyond the time originally fixed for its completion.

As it is, the book is very far from being what the writer hoped to make it, or what be still believes be might have made it, had his work been clone under more favorable conditions. To retain it longer, however, for further elaboration seems neither practicable nor wise.

The general outline and arrangement of Mr. Benjamin have, in the main, been adopted. This course was decided upon for two reasons: first, because Mr. Benjamin's classification has always been regarded as excellent in itself; but secondly and chiefly, because Mr. Benjamin's analysis (which in its turn was largely that of Lord Blackburn) has so decidedly controlled the development of our law in many important particulars, that to attempt a new classification or nomenclature would be confusing if not presumptuous. Mr. Benjamin's text, more­over, bas been freely drawn upon for statements of the Eng­lish law.

No thought, however, of rivaling Mr. Benjamin's work bas been entertained. Indeed, the writer is convinced, after con­siderable attention to the subject, that an American book fol­lowing the method of treatment adopted by Mr. Benjamin is impracticable. To show the development ot the law by an exba ustive chronological statement of the cases is possible in England, and would be possible in any single State where

b

yi PREFACE.

one court of last resort would alone need to be considered;

but to do the same for the whole United States, with over

fifty courts whose more or less conflicting decisions are final

within their respective jurisdictions, seems beyond the reach

of any reasonable endeavor.

Nevertheless an attempt has been made to base this work

upon a careful study of the principal American cases. To this

end, the cases have been carefully digested, and abstracts made

showing concisely the facts and the rule of law announced.

Upon this foundation, the endeavor has been to make a full

and clear statement of the general principles which control

the subject, and to give such a range of illustration and cita-

tion as should show their application. The abstracts and state-

ments of cases have been largely put in the foot-notes rather

than in the text, for the purpose of keeping down the volume

of the work. The result is that the foot-notes are unusually

heavy, possibly unnecessarily so; but if that should be the judg-

ment, the desire to increase the practical usefulness of the book

must be pleaded in extenuation.

No attempt has been made to deal with every case upon the

subject. Upon many points the cases are now so numerous and

uniform that even to cite them all seemed needless use of space.

Hundreds of cases have been examined and rejected upon this

ground. An effort has been made, however, to include all of

the more recent and important cases down to the date of send-

ing the manuscript to the press.

Parallel references to the " Reporters," to the "American

Decisions," " American Reports," " American State Reports,"

and to the "Lawyers' Reports Annotated," have been made,

and, in many instances, to the volumes of selected cases upon

the law of Sale. Priority of citation has, moreover, been usually

given to these cases, upon the theory that they are likely to be

the most important and most generally accessible. Illustra-

tions of the most important attempts to codify the law of Sale

are given in the Appendix.

When tin's task was undertaken the writer believed that

then- w;is a real mod for an American book upon the law of

Genera

ted f

or

facp

ub

up

date

s (U

niv

ers

ity o

f M

ichig

an)

on 2

01

4-0

6-1

7 1

7:4

5 G

MT /

htt

p:/

/hdl.handle

.net/

20

27

/uc2

.ark

:/1

39

60

/t6

xw

4h5

6n

Public

Dom

ain

/

htt

p:/

/ww

w.h

ath

itru

st.o

rg/a

ccess

_use

#p

d

Vl PREFACE.

one court of last resort would alone need to be considered; but to do t he same for the w bole United States, with over fifty conrts whose more or less conflicting decisions are final within their respective jurisdictions, seems beyond the reach of any reasonable endeavor.

K vertheless an attempt has been made to base this work upon a careful study of the principal Am erican cases. To this enc.1, the cases have been car efully digested, aml abstracts made showing concisely the facts and the rule of law announced. Upon this foundation, t he endeavor has been to make a full and clear statement of the general principles which control the subject, a'1d to g ive such a range of illustration and cita­tion as should show their a pplication. The abstracts and state­ments of cases have been largely put in the foot-notes rather than in the text, fo r the purpose of keeping down the volume of the work. The r esult is that the foot-notes are unusually heavy, po sibly unnecessarily so; but if that should be the judg­ment, the desire to increase the practical usefulness of the book mu t be pleaded in extenuation.

No attempt bas been made to deal with every case upon the uhjcct. Upon many points the cases are now so numerous and

unif rm that even to cite t hem all seemed needless use of space. Ilundre l of ca es have been examined a nu rejected upon this oT un 1. n ffort ha been made, however, to incl ucle all of them re r cent and important cases do wn to the date of sencl­in<r th manu ript to the pr

I nra.11 l 1' f r nces to tbe "R porters,'~ to the '' Amedcan J >' i i n ' " 111 rican R por ts,' "American tate R ports," nncl t the' I~awy r ' por ts A nnotaterl," have been maclc, nncl in many in tnnc; s, t th volu mes of s lected cases upon tliP law of al . ri rity f ·itati n bas moreover, been usually 11·i\ r n t th a up nth th ry t hat th y are likely to b th ' mo imp rtnnt and m t g ncrally a s ibl . Illnstra-i 111 • 1 f th mot imp rtant a.tt mpts to oclify the law of ale

ill'(' o·i\' ' 11 in th\ ...\pp 'n<li.·.

\\'Ii •n thi. ta . 1- "a. und rt< k n t h writ r believ l that hr r \\'H". r al n d f ran 111 ri an b k upon the law of

PREFACE. Vll

Sale. In the long time that he has been at work, various con-

tributions to the subject have been made by others, so that it

is possible that the need, if it ever existed, has long since been

supplied. The writer, however, whether wisely or unwisely,

has persisted in his undertaking, and if his work shall prove to

have a value in some degree commensurate with the labor

spent upon it, he will be content.

Floyd R. Mechem.

University of Michigan,

Ann Arbor, May W, 1901.

Genera

ted f

or

facp

ub

up

date

s (U

niv

ers

ity o

f M

ichig

an)

on 2

01

4-0

6-1

7 1

7:4

5 G

MT /

htt

p:/

/hdl.handle

.net/

20

27

/uc2

.ark

:/1

39

60

/t6

xw

4h5

6n

Public

Dom

ain

/

htt

p:/

/ww

w.h

ath

itru

st.o

rg/a

ccess

_use

#p

d

PREFACE. vii

Sale. In the long time that he bas been at work, various con­tributions to the subject have been made by others, so that it is possible that the need, if it ever existed, has long since been supplied. The writer, however, whether wisely or unwisely, has persisted in his undertaking, and if bis work shall prove to have a value in some degree commensurate with the labor spent upon it., he will be content.

UNIVER.'SITY OF MICIDGAN,

Ann Arbor, May 20, 1.90.J..

FLOYD R. MECHEM.