(e) Pp. 703 - 707. (f) Pp. 710 - 719. (g) 1900, 1 Ch. 616. (h) 30 Beav. 445. (i) L. E. 5 Eq. 1. (j) L. E. 13 Eq. 427.

(k) 28 Ch. D. 255. (1) 6 M. & W. 358. (m) Pp. 737 and note (u), 740, 741. (n) P. 786, note (n). (o) 19 Ch. D. 603.

(p) 2 Eden, 60, 72.

(q) Pp. 787 and note (n), 799.

(r) 1896, 2 Ch. 358.

(s) 1904, 1 Ch. 145. (t) Pp. 832 - 834. (u) 1894, 2 Ch. 421,

In dealing with the subject of relative disability in equity(b) the writer has put forward a threefold classification in preference to that adopted by Mr. Dart. In connection with the discharge of the contract, he has discussed the question, whether the parties are entitled to restitutio in inter/rum where a contract partly performed is discharged by mutual assent (c); ho has also examined the subject of discharge for impossibility of performance(d). Under the head of the remedies for breach of the contract (e), he has placed first, as a substantive remedy in itself, rescission grounded on the opposite party's breach of an essential stipulation in the agreement; and he has maintained (f) that in this case, as in all other cases of rescission, the rule is that it must be accompanied by restitutio in integrum. An exception however occurs with regard to a deposit paid as a guarantee for due performance of the contract; and it is contended (g), in opposition to the ruling of Farwell, J., in Jackson v. De Kadich (h), that this exception equally exists, where the deposit has been paid to a stakeholder. The writer has particularly dealt with the cases of re-sale after a rescission of the contract, under an express power of re-sale (i), and after an action for damages for breach of the agreement(k). He has contended (l) that, where a purchaser can recover substantial damages for loss of his bargain, he cannot also claim to be recouped his expenses incurred under the contract; although such a claim was by inadvertence actually allowed in Engel v. Fitch (m), and was admitted in Godwin v. Francis (n). The true principle appears to have been applied by the Court of Appeal in Dag v. Singleton (o), but the head-note to that case does not correctly represent the effect of their judgment. The writer has considered (p) the effect of a judgment for damages or specific performance in barring the alternative remedy, and the effect of the dismissal of a claim for specific performance on the remedy in damages. And in examining the latter remedy he has given (q) an analysis of the defences which are available to an action for damages for breach of the contract; and has added (r) a summary of the law determining the parties' position, where one of the signatories to the memorandum professed or is alleged to have signed as agent for another person.

(x) P. 850 and note (p). (y) 1900, 2 Ch. 87. {z) P. 851, note (q). (a) P. 870.

(b) Pp. 874 sq.

(c) P. 915.

(d) Pp. 916 sq. (e) Pp. 947 sq.

(f) P. 950.

(g) P. 951 and note (f)

(h) 1904, W. N. 168.

(i) P. 955 - 957.

(k) P. 976.

(l) P. 967.

(m) L. E. 4 Q. B. 659. (n) L. E. 5 C. P. 295. (o) 1899, 2 Ch. 230. (p) Pp. 967-973.

In discussing the remedy by suing for specific performance of the contract (s), the writer has made no attempt to compile a manual of practice, but has confined himself to endeavouring to ascertain what are the essential points of difference between this remedy and that by action for damages at law. On the other hand, in describing the proceedings by vendor and purchaser summons (t), he has gone into points of practice; this being now the normal remedy for settling disputes on any conveyancing points arising out of the contract. The chapter on the parties' Remedies concludes with an account of the purchaser's remedies for disturbance after completion (u), especially under covenants for title (x); and the writer has especially discussed the questions, whether acts not affecting the title or possession can be a breach of a covenant for quiet enjoyment (y), criticising particularly (z) the case of Sanderson v. Mayor of Berwick-on-Tweed (a), and what is the true measure of damages for breach of the various covenants for title (b). On one important point connected with this last subject he regrets to find his opinion in conflict with that of the learned author and editor of Mayne on Damages (c).

(q) P. 973.

(r) Pp. 976 sq.

(s) Pp. 987 sq.

(t) Pp. 1015 sq. (u) Pp. 1026 sq. (x) Pp. 1029 sq.

One of the main causes of the writer's delay in completing this volume has been the last chapter on the Sale of Registered Land, which has far exceeded its estimated limits. He has nevertheless tried to be as brief as is compatible with any real discussion of this very complicated and difficult branch of the law. And, although the subject of the mortgage of registered land hardly conies within the scope of this treatise, he has been obliged to devote some pages (d) to its discussion in order to explain the particular difficulties now attendant on the sale, followed by an immediate mortgage, of registered land (e) and unregistered land situate in a compulsory registration district (f). Here again he regrets to find his opinion conflicting with that of eminent lawyers on important points (g), and to be obliged to advise against the safety of a very convenient course, which other practitioners have recommended (h).

(y) Pp. 1040-1042. (z) P. 1041, note (e). (a) 13 Q. B. D. 547. (6) Pp. 1046-1050. (c) P. 1050 and note (ft).

{d) Pp. 1125-1133. (e) Pp. 1133-1135. (/) Pp. 1135 sq.

(g) See pp. 1126, note (6), 1128, note (ft).

The writer's criticism contained in the first volume (i) of the grounds given for the decision of Swinfen Eady, J., and the Court of Appeal in Re Highett and Bird's Contract (k) has lately been justified by the explanation of that case given by Lord Justice Romer in his judgment in Be Allen and Driscoll's Contract (l).

Mr. Iselin has undertaken the whole labour of correcting the press for the present volume; and the table of contents, general index and index of cases and statutes are also his work entirely. The cases cited are indexed under the defendants' as well as the plaintiffs' names; and the date of every case is given in the index wherever it can be ascertained. Mr. Iselin has further assisted the writer by furnishing him with many useful notes for the preparation of Chapter XVII (Of Relative Disability In Equity). and Chapter XIX (Of The Remedies For Breach Of The Contract)., sections 2 and 3.

The reader's attention is particularly directed to the Errata, correcting several slips which escaped notice on the publication of Vol. I., and to the Addenda, which bring the first volume up to the present date, and also contain a few revisions of its text.

7, Stone Buildings, Lincoln's Inn, loth December, 1905.

(h) See p. 1135, note (n). (i) Pp. 354 356.

(k) 1902,2 Ch. 214; 1903, 1 Ch. 287. (l) 1904, 2 Ch. 226, 231.