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PRACTICAL TREATISE

ON

THE LAW OF CONTRACTS

NOT UNDER SEAL:

AND UPON

THE USUAL DEFENCES TO ACTIONS THEREON.

BY JOSEPH CHITTY, JUN., ESQ.,

NINTH AMERICAN EDITION,

FROM THE FIFTH LONDON EDITION,

BY JOHN A. RUSSELL, B. A.,

OF GRAY'S INN, BARRISTER-AT-LAW, AND PROFESSOR OF ENGLISH LAW IN UNIVERSITY COLLEGE,

LONDON,

JANFORSLIED BUY

WITH NOTES OF THE AMERICAN AND LATE ENGLISH DECISIONS OF THE LAW OF
CONTRACTS, TO THE PRESENT TIME,

BY

J. C. PERKINS.

SPRINGFIELD:

PUBLISHED BY G. AND C. MERRIAM.
1855.

Entered according to Act of Congress, in the year 1854,

BY GEORGE AND CHARLES MERRIAM,

In the Clerk's Office of the District Court of the District of Massachusetts.

323990

WORCESTER:
HENRY J. HOWLAND, PRINTER,

199 Main Street.

ΤΟ

BENJAMIN MERRILL, ESQ.,

DISTINGUISHED ALIKE

FOR HIS FIDELITY AS A LAWYER,

FOR HIS LEARNING AS A SCHOLAR,

AND FOR GREAT

MORAL EXCELLENCE IN ALL THE RELATIONS OF LIFE,

THIS AMERICAN EDITION OF CHITTY'S CONTRACTS IS

Enscribed,

BY

THE EDITOR.

ADVERTISEMENT

TO THE NINTH AMERICAN EDITION.

MR. CHITTY'S Treatise on Contracts, upon its first appearance more than twenty years ago, assumed a leading position among practical works upon that subject. Since the first appearance of the book, four other editions have been issued from the press in England, and eight editions have been published in this country. The work has had a very wide circulation, and has been for a long time in the hands of the legal profession. The merits of former editions have been very thoroughly discussed, and are well understood; and although other works of various merit on the subject of Contracts have, in the mean time, been issued from in England, and on this side of the water, Mr. Chitty's book, in its different editions, has continued fully to maintain its.

the

press

original position.

In the fifth English edition, now for the first time published in this country, the work has been much improved by several changes in the order and arrangement of the subjects and their details, and also by reference to the recent cases decided in England.

In the notes to this, the ninth American edition, great additions bave been made to meet the requirements of a work on this subject at the present time. Many of the notes have been entirely recast topics have been introduced at their appropriate places not before treated of in the book, and the decisions of the most important recent American cases in all the States down to the latest period have been carefully examined and noticed. THE EDITOR.

SALEM, OCTOBER 1, 1854.

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