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SELECTION OF CASES

ON THE

LAW OF CONTRACTS

EDITED AND ANNOTATED

BY

SAMUEL WILLISTON

WELD PROFESSOR OF LAW IN HARVARD UNIVERSITY

DY TWO VOLUMES

VOL. I.

BOSTON
LITTLE, BROWN. AND COMPANY

1908

TRAlive

Katered according to Act of Congress, in the year 1879,

By C. C. LANGDELL, In the office of the Librarian of Congress, at Washington.

Copyright, 1894. 1903
By SAXUEL WILLISTON.

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THE

HE plan of this book needs little explanation. I have en

deavored, in the light of all that has been done before, to prepare a selection of cases on the law of contracts adapted to the use of students. In order to cover the subject fairly in two volumes of reasonable size, I have been obliged frequently to shorten the reports of cases. Arguments of counsel have been generally omitted, and where the opinion of the court contains an adequate statement of facts, the opinion only has been printed. I have thought this general statement would be sufficient warning to the reader of such omissions. When other changes from the original reports have been made, they are specifically indicated. Head-notes are of course omitted, and for the same reason the headings of chapters and sections are general, and the subdivision of topics is not always as minute as might be convenient to one seeking authority on a particular matter. Headings of sections may easily be made a key to the result of the cases, and it is desirable for the student to work out this result for himself with the aid only of such suggestion as proves necessary in the class room.

The annotations, for the same reason, are mostly confined to lists of cases in accord or opposed to the case which is printed. An index at the end of the second volume, I hope, will make the contents of the book reasonably accessible without being open to the objection of giving the student the answer before he has done the problem.

Every teacher of law who prepares a volume of cases for the instruction of students is consciously or unconsciously indebted to the work of Professor Langdell; but an indebtedness greater than that which every worker owes to the pioneer in his chosen field, must here be acknowledged. The law of contracts was the

subject selected by Professor Langdell for his first collection of cases. That collection, first published in 1871 and in a second edition in 1876, has been used continuously since its publication in the Harvard Law School, and in recent years in other law schools. The development of the law during the past thirty years has now made it desirable to substitute a new book for one which must be regarded as marking an epoch in legal education. In preparing the new book, I should have found it impossible, had I made the attempt, to avoid deriving benefit from the selection and arrangement in the earlier book. Fortunately, no such effort has been necessary, since Professor Langdell has kindly permitted me to make such use as I wished of his work. Of this permission I have freely availed myself.

SAMUEL WILLISTON.

CAMBRIDGE, 1908.

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