Publisher's Synopsis
Excerpt from A Treatise on the Validity of Verbal Agreements, as Affected by the Legislative Enactments in England and the United States, Commonly Called the Statute of Frauds, Vol. 1 of 2: Including, Also, the Effect of Partial and Complete Performance, and the Sufficiency of the Writing, in Cases Where Verbal Agreements Are Not Valid
The uncertainty and confusion, which, after the lapse of nearly two centuries, still obscure most questions pertaining to the appli cation of the statute of frauds to executory agreements, have long been a reproach to our system of jurisprudence, a stumbling block to the student, and a source of painful embarrassment to all per sons charged with the administration of justice. In the following pages I have endeavored to reduce the discordant mass of doctrine and authority upon this branch of the law, to an orderly and har monious system. Ine difiiculties attending this undertaking are well known to all Who have studied the subject; and although I cannot expect complete success, I hope for the good Will of the profession towards my effort to accomplish an object so desirable, and its kindly indulgen os Wherever I may have failed. And I cher ish With considerable confidence the belief, that this work, regarded merely as a collation of cases and principles, many of Which are imperfectly understood, and inaccessible Without much toil, Will tend materially to lighten the labors of my professional brethren in similar investigations, and to smooth the path of the student; even if the methods Which I have freely, (perhaps sometimes pre sumptuously, ) suggested, of reconciling cases supposed to be con?icting, and of terminating the con?ict of authority When they could not be reconciled, shall fail to command general approbation.
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