The text of this edition is that of the last (eighth) English edition. The elaborate annotations of his distinguished predecessors (which have been, with very slight exceptions, retained) have made it unnecessary for the present American editor to add much distinctively new matter, and his work has been mainly the rearrangement of this material, and the citation of later authorities. The notes of Mr. Rawle and Judge Sharswood have been indicated by the letters R. and S. respectively. Where it seemed proper to distinguish new matter inserted in these notes, it has been enclosed in brackets.

The citations throughout the American notes have been carefully verified by A. H. Wintersteen, Esq., of the Philadelphia Bar.

J. D. B. Jr.

Philadelphia, May 1st, 1885.

Preface To The Eighth English Edition

IN bringing this Edition of Smith's Lectures on the Law of Contracts up to the existing state of the law, the present Editor has endeavoured as before to make his own additions as short as possible, confining them to cases of real importance and to such alterations as were rendered necessary by recent legislation. The Editor trusts that the present Edition will be found no less acceptable than its predecessors.

It may be interesting to add that, as appears from the preface to the First Edition, these lectures were delivered at the Law Institute in 1842; at which time the Author was thirty-three years old (vide the interesting memoir of the late John William Smith, by the late Samuel Warren, Esq., Q.C., which originally appeared in Blackwood, vol. 61, and which has since been included in the edition of Mr. Warren's Works).

The First Edition was brought out in 1846, after the subsequent editions up to the sixth were by the late

Author's death, by Mr. Jelinger C. Symons. The

Mr. J. G. Malcolm, formerly Master of the Crown

Office. For the Sixth and subsequent Editions the present editor is responsible.

V. T. T

Pease's Buildings, South Parade, Leeds, Dec, 1884