ON THE

SPECIFIC

PERFORMANCE OF CONTRACTS

BY

THE HON. SIR EDWARD FRY,

One of the Judges of the High Court of Justice, B. A., and Fellow of University
College, London.

THE SECOND EDITION

BY

THE AUTHOR AND WM. DONALDSON RAWLINS,
Of Lincoln's Inn, Esq., Barrister-at-Law, M A., and late Fellow of Trinity
College, Cambridge.

THIRD AMERICAN EDITION,

WITH REFERENCES TO THE LATEST AMERICAN CASES,

BY

WILLIAM M. SCOTT,

Of the Albany County Bar.

"Not what thou and I have promised to each other, but what the balance of
our forces can make us perform to each other, that, in so sinful a world as
onrs, is the thing to be counted on."

CARLYLE, "French Revolution," Vol. II, Book I, Chap. 7.

ALBANY, N. Y.:

WEARE 6. LITTLE & CO., LAW BOOKSELLERS.

1884.

Entered according to Act of Congress, in the year 1884,

BY WEARE C. LITTLE & CO.,

In the office of the Librarian of Congress, at Washington.

Riggs Printing and Publishing Company, PRINTING, BINDING AND ELECTROTYPING, 461 Broadway, Albany, N. Y.

PREFACE

TO THE THIRD AMERICAN EDITION.

THE last edition of "Fry's Specific Performance of Contracts," was that of William S. Schuyler, Esq., Counselor at Law; it has been out of print for sometime, having been published in 1871. The want of a new edition has been felt by the profession, in England, as in this country, and as a result we have an English edition bringing the cases down to the year 1882.

The editor of the third American edition is responsible for the notes from the year 1871, to the present time; if the notes which he has added have not essentially improved the value of the original work, they will not prevent that from becoming to the American lawyer what the best revisors in England have pronounced to be a work in which "the law upon the subject it treated of, was accurately digested, and carefully stated; and for completeness and soundness likely to become the text book upon the law of Specific Performance of Contracts."