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of justice in this country.” This statement must obviously be taken with the qualification that it only holds good when Pothier is discussing some principle of general application ; for the law he was particularly dealing with was French law, as modified by the custom of Orleans, before the Code Napoleon.
The references to the Civil Law need little comment. It is the foundation of the Scottish law, and it is an inexhaustible store of legal principles. There is hardly a judgment of importance on the law of sale in which reference is not made to the Civil Law. “The Roman law,” says Tindal, C.J., “ forms no rule binding in itself on the subjects of these realms; but iu deciding a case upon principle, where no direct authority can be cited from our books, it affords no small evidence of the soundness of the conclusion at which we have arrived, if it prove to be supported by that law—the fruit of the researches of the most learned men, the collective wisdom of ages, and the groundwork of the municipal law of most of the countries of Europe.”2 My task of reference in this edition has been much facilitated by Dr. Moyle's excellent monograph on the Contract of Sale in the Civil Law, published in 1892.
To facilitate reference to contemporaneous reports, the date of each case cited has been given. To the list of cases cited I have added a table of cases overruled, doubted, or explained by subsequent decisions. This table has no pretension to completeness, but it may be useful as far as it goes.
M. D. CHALMERS. Birmingham,
? Cox v. Troy (1822), 5 B. & Ald. 481; cf. M'Lean v. Clydesdale Bank (1883), 9 App. Cas., at p. 105, per Lord Blackburn.
2 Acton v. Blundell (1813), 12 M. & W., at p. 324.
Formalities of the Contract. 3. Contract of sale, how made 4. Contract of sale for £10 and upwards
Subject-Matter of Contract. 5. Existing or future goods 6. Goods which have perished 7. Goods perishing before sale but after agreement to sell
16 19 20
The Price. 8. Ascertainment of price 9. Agreement to sell at valuation .
Conditions and Warranties. 10. Stipulations as to time 11. When condition to be treated as warranty