A Treatise on the Construction of the Statute of Frauds, as in Force in England and the United States: An Appendix, Containing the Existing English and American Statutes (Classic Reprint)

Excerpt from A Treatise on the Construction of the Statute of Frauds, as in Force in England and the United States: An Appendix, Containing the Existing English and American Statutes

IT can scarcely be necessary to Offer any apology for the appearance of what professes to be a practical treatise upon the Statute of Frauds. Perhaps it is not too much to say that there is no subject, apparently so simple in its nature as the requirement of certain kinds of evidence in certain cases, more confused and complicated by the number, variety, and apparent if not actual contradiction of the decisions. Nor has there been for many years any work to which the practitioner could resort as a safe and ready guide to the rules and modifications of rules which these decisions have established. There are, it is true, numerous text-writers, of whose works we possess late editions, upon topics involving a more or less extended notice of the statute; but it is certainly no disparagement of their labors to say that they have been unable to give to it so full and thorough a treatment as its importance has come to demand; to do so was quite incompatible with the proper plans of their respective treatises. The work of Mr. Roberts, the only one in which this subject has been exclusively consid ered, ha always, been held in high esteem for the breadth and judiciousness of its commentary, its critical analysis of cases, and its lucid and elegant style. Such has been the profusion of decisions since he wrote, however, that it cannot now supply the practical need of the profession.

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