PREFACE. The following presentation of the elements of the law of sales of personal property has been prepared by the author in connection with instruction upon the subject as given to law school students. It is an attempt to present in a compact yet elementary way all the leading topics of this most important subdivision of the law of contracts, and the need of the student has been the controlling thought. While no pretensions to an extensive treatise are made, nevertheless, all the essential questions connected with the subject have been referred to, and all that one requires for a general knowledge of the elements of the subject has, it is believed, been called to his attention herein. The author has not hesitated to express his own opinions in the discussion of various theories connected with this branch of the law. It is hoped, however, that the endeavor to maintain a clearness in statement has been reasonably successful. The topic of "Remedies" has been treated somewhat more fully than in other works of this character, and a synopsis of the more important principles relating to damages, in connection therewith, has been introduced, which will prove, it is also hoped, a welcome aid. In the Appendix there is given, among other things, the text of the recent (1893) English Sale of Goods Act, which is, in itself, a most valuable outline of the law of sales, since the act is, substantially, a codification of the principles of the common law upon the subject. The plan of the book is to call attention to the principles, referring the student, in connection with the discussion thereof, to the illustrative cases which have been made a part of the main text, rather than cited in footnotes. It would have been an easy matter to have largely increased the number of cited cases, but those mentioned have been carefully selected, and, if they are read in connection with the text, they will thoroughly cover the subject. In fact, one object of the present work is to encourage and emphasize the importance of case-reading, and in selecting the cases the limitations of many law libraries have been kept in mind; for it is better, the author believes, that the student consult, if possible, the reports themselves, since he thereby develops the habit of such reading, and also acquires a familiarity with such authorities at first hand. THE UNIVERSITY OF KANSAS, WM. L. BURDICK. LIST OF AUTHORITIES AND TEXT-BOOKS UPON THE LAW OF SALES. Blackstone, II, 446-451; III, 166... A. D. ... 1765 Baker (J. F.), Law of Sales as Affected by the Statute of Frauds 1887 Benjamin (J. P.), 7th Am. ed. by Bennett... ... 1899 Benjamin (R. M.), Principles..... .. 1896 Biddle (A.), Warranties in the Sale of Chattels... 1884 Parsons (on Contracts), I, pp. 519-568. Rorer (D.), Judicial Sales. Schouler (J.), Personal Property, 2 vols., 3d ed.. 1853 . 1878 1896 .. 1871 . 1891 1895 1893 |