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BEFORE THE LAW

A SUMMARY OF AMERICAN AND ENGLISH DECISIONS ON THE PRINCIPAL
QUESTIONS RELATING TO BUILDING, AND THE EMPLOYMENT OF

ARCHITECTS, WITH ABOUT EIGHT HUNDRED REFERENCES

INCLUDING ALSO

PRACTICAL SUGGESTIONS IN REGARD TO THE DRAWING OF BUILDING
CONTRACTS, AND FORMS OF CONTRACT SUITED TO

VARIOUS CIRCUMSTANCES

BY T. M. CLARK

Fellow OF THE AMERICAN INSTITUTE OF ARCHITECTS

Dew York
THE MACMILLAN COMPANY
LONDON: MACMILLAN & CO., LTD.

1905

All rights reserved

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PREFACE.

IT seems to be agreed among lawyers that no controversies, as a

rule, are tried before courts with so little satisfaction to the litigants and their counsel as building cases. The lawyer finds them usually so technical as to require an amount of special study on his part quite disproportionate to their importance; while the parties to the controversy often suffer, or think they suffer, as much through what they regard as their counsel's inability to understand building matters as through what their counsel, with more reason, considers their own inexcusable ignorance and neglect of the legal principles relating to their business. These difficulties are, obviously, such as can be relieved, to a considerable extent, by means of a book presenting the most important decisions of the courts in building cases, with the principles on which the decisions are based. Such a book the author has endeavored to prepare; and, although the limitations of his legal learning have obliged him to quote, wherever possible, the actual words of judges, in statements of the law, instead of making assertions on his own authority, he has endeavored to make these quotations so comprehensive as to give the reader, whether lawyer or

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