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SELECTION OF CASES

ON THE

LAW OF CONTRACTS.

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PREPARED FOR USE AS A TEXT-BOOK IN HARVARD LAW

73751

SCHOOL.

"It is ever good to rely upon the book at large, for many times compendia sunt dispendia, and
melius est petere fontes quam sectari rivulos."— Co. LITT. 305 b.

"The advised and orderly reading over of the books at large, I absolutely determine to be the right
way to enduring and perfect knowledge." PREF. TO 4 REP.

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In the Office of the Librarian of Congress at Washington.

CAMBRIDGE:

PRESS OF JOHN WILSON AND SON.

PREFACE.

I CANNOT better explain the design of this volume than by stating the circumstances which led me to undertake its preparation.

I entered upon the duties of my present position, a year and a half ago, with a settled conviction that law could only be taught or learned effectively by means of cases in some form. I had entertained such an opinion ever since I knew any thing of the nature of law or of legal study; but it was chiefly through my experience as a learner that it was first formed, as well as subsequently strengthened and confirmed. Of teaching indeed, as a business, I was entirely without experience; nor had I given much consideration to that subject, except so far as proper methods of teaching are involved in proper methods of study.

Now, however, I was called upon to consider directly the subject of teaching, not theoretically but practically, in connection with a large school, with its more or less complicated organization, its daily routine, and daily duties. I was expected to take a large class of pupils, meet them regularly from day to day, and give them systematic instruction in such branches of law as had been assigned to me. To accomplish this successfully, it was necessary, first, that the efforts of the pupils should go hand in hand with mine, that is, that they should study with direct reference to my instruction; secondly, that the study thus required of them should be of the kind from which they might reap the greatest and most lasting benefit; thirdly, that the instruction should be of such a character that the pupils might at least derive a greater advantage from attending it than from devoting the same time to private study. How could this threefold object be accomplished? Only one mode occurred to me which seemed to hold out any reasonable prospect of success; and that was, to make a series of cases, carefully selected from the books of reports, the subject alike of study

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