BOOK
REVIEWS
Principles of
Contract.
By
Sir
Frederick
Pollock,
Bt.
Ninth
Edition.
London,
Stevens.&
Sons,
Ltd.,
1921.
pp.
Ix,
82o.
Chitty
on
Contracts.
Seventeenth
Edition.
By
W.
Wyatt-Paine.
London,
Sweet
&
Maxwell,
Ltd.;
Toronto,
The
Carswell
Co.,
1921.
pp.
ccv,
lO98.
Contrats
par
Correspondance.
By
Albert
Cohen.
Paris, Ernest
Sagot
&
Cie.,
1921.
pp.
xii,
196.
Contracts
in
Engineering.
By
James
Irwin
Tucker.
Second
Edition.
New
York,
McGraw-Hill
Book
Co.,
192o.
pp.
xii,
331.
Anything
coming
from
the
pen
of
Sir
Frederick
Pollock
-is
worth
the attention
of
the
American scholar
and
lawyer,
both
because
of
the
power
of
his
reasoning
and
because
Sir
Frederick
has
among
Englishmen
an
exceptional
knowledge
of
American
problems
and
American
law.
Pollock
on
Contracts
has
become
a
classic,
and
in
succeeding
editions
it
has
been
kept
pretty
well
up
to
date
by
the
author.
The
text
of the present
edition,
however,
will
not
be
found
to
differ
much
from
that
used
in
19o5
by
Professor
Williston
in
his
American
edition.
There
is
a
little
change
as
to
contracts
by
correspondence,
and
Dr.
Albert
Cohen's
pamphlet
is
cited.
There
is
still
no
chapter
on
the subject
of
Discharge.
It
would have
been
interesting
to
get
Sir
Fredericks
explanation
of
Les
Affreteurs
v.
Walford
[1919,
H.
L.]
A.
C.
8oi,
where
a
court
that
purports
never to reverse
itself
deals
again
with
the
rights
of
a
third-party
beneficiary.
There
are
some
new
sections
on
Repudiation;
and
the
former
chapter
on
Impossibility
is
suppressed,
some
parts
of
it
being
included
in
the
new chapter
entitled
"Conditions,
and
herein
of
Frustration."
The
frustration
cases
have
compelled
a
fuller
treatment of
the
law
as
to
conditions,
but
this
treatment
is
still
far
from
complete.
Rule-makers,
whether they
be
text-writers
or
a
legislature,
can seldom
construct rules
in
advance
of
actual
experience
with
facts.
The
experience
of
the
English
courts,
broad
though
it
is,
probably
does
not
cover
as
many
possible
cases
as
does
the
experience
of the
courts
of
our
48
states.
The
present chapter
is
obviously
following the
work
done
by various
authors
in
this
country.
Sir
Frederick
has
not
reached
bottom
in
distinguishing
between
condi-
tions
precedent
and
conditions
subsequent;
and
the present
reviewer
believes
that
the
modern
rules
as
to
Impossibility
are
not
mere
"canons
of
interpretation"
and
that
the
rule
as
laid
down
in
Paradine
v.
Jane
is
substantially
without
influence.
The
author
does
not
distinguish
between
impossibility
of
performing
acts
required
by
a
promisor's duty
and
impossibility
of
fulfilling
conditions
precedent
to
a
promisor's duty.
It
may
incidentally
be
asked
why
the subject
of
discharge
of
sureties
is
discussed
under
the
heading
"Unlawful
Agreements."
The
agreement
by
a
creditor
to
extend the
time
of
payment may discharge
a
surety,
but
it
does
so
because
it
is
valid and
operative
and not
in the
least
"unlawful."
It
ought
not
to
be
expected
that
the
seventeenth edition
of
an
English
work
on
contracts originally
published in
1826
would
be
worth
buying
in
the
United
States.
No doubt
this
edition
of
Chitty
on
Contracts
would
be
of
great
service
to
an
American lawyer
if
he
had
nothing
else.
It
is
a
large
volume,
dealing
with
the
general
theories
of
contract
law
in
rather
meagre
fashion,
and
attempting
to
cover-as
was
the fashion
in
Chitty's
time-the
whole
field,
including
Sales,
Agency,
Partnership,
Bailments
and
Carriers,
Leases,
Negotiable
Instruments,
Master
and
Servant,
and
Suretyship.
Much
of the
book
is
devoted
to
English
statutory
law,
the
chapters
on
stamping
of
contracts
and
on
the
capacity
of
parties
containing
little
else.
[452]
HeinOnline -- 31 Yale L.J. 452 1921-1922
BOOK
REVIEWS
Principles
of
Contract.
By
Sir
Frederick Pollock, Bt. Ninth Edition. London,
_Stevens.& Sons, Ltd., 1921. pp. lx, 820.
Chitty on Contracts. Seventeenth Edition.
By
W.
Wyatt-Paine. London, Sweet
&Maxwell,
Ltd.;
Toronto,
The
Carswell Co., 1921. pp. ccv, lOg8.
Contrats par Correspondance.
By
Albert Cohen. Paris,
Ernest
Sagot &Cie.,
1921. pp. xii, 196.
Contracts
in
Engineering.
By
James
Invin
Tucker. Second Edition. New York,
McGraw-Hill Book Co., 1920. pp. xii, 331:
Anything coming from
the
pen
of
Sir
Frederick Pollock
-is
worth the attention
of
the American scholar and lawyer, both because
of
the power
of
his reasoning
and because
Sir
Frederick has among Englishmen an exceptional knowledge
of
American problems and American law. Pollock on Contracts has become a
classic, and in succeeding editions
it
has been kept pretty well up to date by the
author.
The
text
of
the present edition, however, will
not
be
fOJ111d
to
differ much
from
that
used in
Ig05
by Professor Williston in his American edition. There is
alittle change
as
to contracts by correspondence, and
Dr.
Albert Cohen's pamphlet
is cited. There is still no chapter on the subject
of
Discharge.
It
would have been
interesting to get
Sir
Frederick's explanation
of
Les AjJretel£rs v. Walford [1919,
H.
L.] A. C.
801,
where acourt
that
purports never to reverse itself deals again
with the rights
of
athird-party beneficiary.
There
are
some new sections on Repudiation; and the former chapter on
Impossibility is suppressed, some parts
of
it
being included in the new chapter
entitled "Conditions, and herein
of
Frustration."
The
frustration cases have
compelled afuller treatment
of
the law
as
to conditions, but this treatment is still
far
from complete. Rule-makers, whether they be text-writers
or
alegislature,
can seldom construct rules in advance
of
actual experience with facts.
The
experience
of
the English courts, broad though
it
is, probably does not cover
as
many possible cases
as
does the experience
of
the courts
of
our
48
states.
The
present chapter is obviously following the
work
done by various authors in this
country.
Sir
Frederick has not reached bottom in distinguishing between condi-
tions precedent and conditions subsequent; and the present reviewer believes
that
the modem rules
as
to Impossibility
are
not mere "canons
of
interpretation" and
that
the rule as laid down in Paradine v. Jane is substantially without influence.
The
author does not distinguish between impossibility
of
performing acts required
by
apromisor's duty
and
impossibility
of
fulfilling conditions precedent to a
promisor's duty.
It
may incidentally be asked why the subject
of
discharge
of
sureties is discussed
under the heading "Unlawful Agreements."
The
agreement
by
acreditor
to
extend the time
of
payment may discharge asurety,
but
it
does so because
it
is
valid and operative
and
not in the least "unlawful."
It
ought not to be expected
that
the seventeenth edition
of
an English
work
on contracts originally published in 1826 would be worth buying in the United
States. No doubt this edition
of
Chitty on Contracts would be
of
great
service
to
an
American lawyer
if
he had nothing else.
It
is alarge volume, dealing with
the general theories
of
contract law in
rather
meagre fashion, and attempting
to
cover-as
was the fashion in Chitty's
time-the
whole field, including Sales,
Agency, Partnership, Bailments and Carriers, Leases, Negotiable Instruments,
Master and Servant, and Suretyship. Much
of
the book is devoted to English
statutory law, the chapters on stamping
of
contracts and on the capacity
of
parties
containing little else.
