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REAL ESTATE, REVERSIONS, POLICIES, &c.,

WITH

EXHAUSTIVE FOOTNOTES,

INTRODUCTORY CHAPTERS AND APPENDICES.

BY

FREDERICK EDWARD FARRER,

=

OF LINCOLN'S INN, BARRISTER-AT-LAW.

LONDON:

STEVENS AND SONS, LIMITED,

119 & 120, CHANCERY LANE,

Law Publishers.

1902.

Price 161.

ик
916

FAR

LONDON:

PRINTED BY C. F. ROWORTH, GREAT NEW STREET, FETTER LANE, E.C.

PREFACE.

SOME years ago it occurred to the Author that there might be room for a book on Conditions of Sale, which should set forth the precedent required with a footnote exhaustively stating the effect of the authorities on the points involved in or covered by the precedent. The Author thought that such a book might be of use, especially to students, as enabling the student easily to comprehend the exact effect and use of his own drafting, and to ascertain the legal effect and use of conditions drawn by others which might come under his notice. With this view this book was begun, but the Author found that dissertations, however short, on certain special matters, could not appropriately be the subject of a footnote to any condition.

He has, accordingly, added short introductory chapters dealing with general rules for preparing particulars and conditions, the position of the auctioneer, sales by mortgagees and trustees, unilateral mistake and hardship as defences to specific performance, the remedies of the purchaser after completion, and parol variation of the written contract. He has also added short Appendices on some points arising on sales under the Court, and on summonses arising under the Vendor and Purchaser Act, 1874.

By the courtesy of the Birmingham Law Society the Author has been permitted to print, in Appendix 3,

673714

the common form conditions of that Society, with references to the pages in which the subject-matter of those conditions is treated of in this work. He is requested to say, however, that those forms are copyright, and must not be used without the Society's permission.

The Author desires to express his great obligations to Mr. Webster's excellent book on Conditions of Sale, and to Mr. WEBSTER personally for assistance given in many discussions which, in the course of writing this book, have arisen between him and the Author on the points covered by this book, as also to Dart's Vendors and Purchasers and Clerke & Humphry's Sale of Land, and to Chitty's Equity Index, 4th edition.

The Author also desires to express his great obligations to his friend Mr. T. P. LAW, of Lincoln's Inn, who has prepared the Table of Cases, which gives a reference to all the reports in which any case occurs, and for revising the proofs.

FREDERICK EDWARD FARRER.

9, OLD SQUARE, LINCOLN'S INN.

March, 1902.

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