1

OF

THE LAW

RELATIVE

TO CONTRACTS AND AGREEMENTS

NOT UNDER SEAL.

WITH

CASES AND DECISIONS THEREON IN THE ACTION OF ASSUMPSIT.

IN FOUR PARTS.

BY SAMUEL COMYN, Esq.

OF THE MIDDLE TEMPLE, BARRISTER AT LAW.

THIRD AMERICAN EDITION,

WITH GORRECTIONS, AND THE ADDITION OF NOTES AND REFERENCES.

VOLUME I.

BROOKFIELD, (MASS.)

PUBLISHED BY ELISHA HAMMOND.

1823.

DISTRICT OF MASSACHUSETTS-to wit.

DISTRICT CLERK'S OFFICE.

BE IT REMEMBERED, that on the sixth day of February, A. D. 1823, in the Forty seventh Year of the Independence of the United States of America, ELISHA HAMMOND of the said District, hath deposited in this office the title of a book the right whereof he claims as Proprietor, in the words following, to wit :

"A treatise of the Law relative to contracts and agreements not under seal. With Cases and Decisions thereon in the action of assumpsit. In Four Parts. By SAMUEL COMYN, Esq. of the Middle Temple, Barrister at Law. Third American Edition, with corrections, and the addition of Notes and References."

In conformity to the Act of the Congress of the United States, entitled, " An act for the ençâînagement of learning, by securing the copies of maps, charts and books, to the authors and proprietors of such copies, during the times therein mentioned ;" and also to an act entitled, "An act supplementary to an act, entitled, an act for the encouragement of learning, by securing the copies of maps, charts and books, to the authors and proprietors of such copies during the times therein mentioned; and extending the benefits thereof to the arts of designing, engraving and etching historical, and other prints."

JNO. W. DAVIS.

Clerk of the District of Massachusetts.

E. Merriam and Co. Printers,
Brookfield, Mass.

ADVERTISEMENT.

THE numerous questions which have arisen in the Courts of Common Law upon contracts and Agreements, make it desirable to have a ready access to the determinations respecting them.

With this view the Author was first led to undertake the following work, which he now submits to the public, in the hope that, from its arrangement, it will be found a useful book of reference, and obviate the necessity of a long and laborious research into the vast variety of Detached Reports of Cases upon the subject.

Serjeant's Inn, Fleet-street,

October 25th, 1807.

S. C.

Ms. James Huntley Campbell

3.23-1437

TABLE

OF

THE CONTENTS,

VOLUME THE FIRST.

PART THE FIRST.

OF THE NATURE AND REQUISITES OF A CONTRACT AND AGREEMENTS

BY PAROL.

The figures in the following tables refer to the original pages, which are numbered in the

margin.]

1

Of the Nature of a Contract and Agreement by parol; and of Express

and Implied Contracts and Promises,

CHAP. II.

Of the Consideration necessary to support a Contract or Agreement,

CHAP. III.

Of Illegal Contracts,

30

CHAP. IV.

Of the statute of Frauds and Perjuries upon Contracts and Agreements,

47

CHAP. V.

Of the Stamping of Contracts, Agreements, Bills, Notes, &c.

130