The arrangement of this work is entirely different from that of Mr. Ross's book; but the author feels himself bound to acknowledge the assistance which he has derived from it. He also owes considerable obligations to several other treatises on different branches of the Law, all of which are, he believes, referred to in the margin, except Mr. Whitaker's work on the Law of Lien, and Stopping in Transitu, to which he is much indebted. Though the purpose of the present treatise is to exhibit the law as it is, and the author has given no opinion of his own where all the authorities are consistent, yet, on points where there are inconsistent and conflicting authorities, he has thought himself justified in concisely discussing the subject, and laying his own conclusions before the reader. The subject of the transfer of ships by sale, having been fully investigated in the Lord Chief Justice's learned work on the Law of Shipping, is omitted here. The remedies which are given by law for the breach of contracts of sale seeming to belong more properly to works which treat of actions, pleadings, and the law of Nisi Prius, have also been omitted. The arrangement of the work is as follows:: The parties to the sale, and the disabilities of infants, married women, alien enemies, &c. to contract, are first considered. The validity of the sale itself then comes to be investigated, and the enactments of the statute of frauds, and of the stamp-acts; the effect of fraud in vitiating sales; and the illegality of sales prohibited by statute, of trading with an enemy, and of contracts of an immoral nature, are discussed. The next subject is sales in market overt, where the seller has no property in the goods sold. Then follow the construction of contracts of sale, where the terms of them are ambiguous; warranties, express and implied; sales by auction, and rescinding contracts by the parties. The mode by which the transfer of the property from the vendor to the vendee takes place, either by an actual or symbolical, delivery of the goods, or by indorsement of a bill of lading, is next investigated. Then come stopping in transitu; the effect of bankruptcy on sales, where the bankrupt is allowed to remain in possession of goods which are not his own, and of a fraudulent preference by a trader of a particular creditor, in contemplation of bankruptcy. The only remaining subjects are sales made by the intervention of factors, brokers, and agents, and the time and manner of payment for the thing sold by the purchaser. It has been the earnest endeavour of the author to comprise these important subjects within as small a compass as possible; and he has taken as his guide, for the attainment of that end, the directions of Lord Bacon, contained in the Aphorism which has been selected as his motto. In what degree, or whether in any degree, he has been successful, must be left to the decision of a candid and liberal Profession. Lamb Buildings, Temple, Jan. 23d, 1821. |