A New and Enlarged Edition of the Most Popular Law Book ever Published. "It is a whole Library of the Rules of Evidence Abbott's Trial Evidence. The rules of Evidence applicable on the Trial of Civil Actions, at Common Law, in Equity, and under the Codes of Procedure. A TREATISE ON EVIDENCE AT NISI PRIUS, embracing the Mode of Proof on the Trial of Civil Actions; Appropriate Evidence in each Class of Actions; Weight and Sufficiency of Evidence; Witnesses and Documentary Evidence; Effect of the Code System of Pleading on the Rules of Evidence, etc. By AUSTIN ABBOTT, LL.D. SECOND AND REVISED EDITION. By JOHN J. CRAWFORD, of the New York Bar. In this work Mr. Abbott gives the most useful, convenient, and trustworthy Rules as to the Mode of Proof of each material fact, in all the Great Classes of Actions and Defences; and illustrates and supports those rules by a selection of authorities drawn from the decisions of the American and English Courts and from the works of the best text writers. The work has been brought to date by a thorough revision in connection with the statutory changes and numerous cases decided in the twenty years since the original work was published. Many thousands of cases have been examined, changes in the law are noted and several thousand new citations from all the State and Federal Courts have been added. OF EQUAL VALUE IN EVERY STATE. This work was specially prepared for use in every part of the country. The reports of every State have been consulted, and lawyers will find cases in their own State Courts continually cited to sustain or explain the rules given in the text. More than 15,000 cases are cited which bear upon the Rules of Evidence. The index is unusually full, and gives reference to the mode of proving almost, if not quite, every fact which can come in controversy in a civil action. No law book was ever accorded a more hearty reception by the legal profession than was given this work when originally issued, twenty years ago. It became the most popular law book that had ever been published. The publishers feel confident that this new and improved edition will be even more useful than the original work and that it will become quite as popular. In one large octavo volume of 1226 pages (Containing the matter of two ordinary-sized volumes.) Price, $6.50 net, or $6.90 delivered by express, prepaid. BAKER, VOORHIS & CO., 66 Nassau St., New York. DIRECTORY OF LAW BOOKS. Advertisements of books will be inserted in this directory for $5 per year for five lines. For three or more books, the rate will be $4 apiece; extra lines at $1 each; single insertions, $1 in cash. Code Pleading, Select Cases on. Being a selection of the best authorities on the New Procedure in Pleading, with Notes. Second Edition. By Austin Abbott, LL.D. Publishers, Baker, Voorhis & Co., New York. I vol., 8vo, pp. xxiii, 714, sheep, $6.00. Contracts, A Selection of Cases on the Law of. Designed to furnish the student with a collection of cases developing the fundamental principles involved in the formation, performance, and discharge of simple contracts and contracts under seal. By William A. Keener, Dean of Columbia University College of Law. Publishers, Baker, Voorhis & Co., New York. 2 vols., 8vo, pp. xxii, 1829; law canvas, $10.50 net. In use as a text book at Columbia, Northwestern, University of Wisconsin, Leland Stanford, Jr., University of Pennsylvania, University of Illinois and other law schools. Corporations, Private, A Selection of Cases on the Law of. By William A. Keener, Dean of Columbia University College of Law. Publishers, Baker, Voorhis & Co., New York. 2 vols., 8vo, pp. xxv, 1975, law canvas $11.00 net. In use as a text book at Columbia University, Indiana University and other law schools. Domestic Relations and the Law of Persons, Cases on. By Edwin H. Woodruff, Professor of Law at Cornell University. Publishers, Baker, Voorhis & Co., New York. 8vo, pp. xviii, 540. Price, law canvas, $3.50 net. Used as a text-book at the law schools of Cornell University, Columbia University, Northwestern University, University of Illinois, University of Tennessee, University of Pennsylvania, University of Colorado, Stanford University, the Los Angeles Law School, and Nebraska State University. Equity Jurisdiction, Cases on. By William A. Keener, Dean of Columbia University School of Law. Publishers, Baker, Voorhis & Co., New York. 3 vols., 8vo, law canvas. Vol. I, pp. x, 885; Vol. II, xi, 1,260; Vol. III, pp. ix, 1,028; $6.00 net per volume. Used at Columbia, Harvard, New York University, Northwestern, Cincinnati, Hastings, Western Reserve, University of Illinois, University of Pennsylvania and other law schools. Insurance, Cases on the Law of. By Edwin H. Woodruff, Professor of Law at Cornell University. Publishers, Baker, Voorhis & Co., New York. I vol., 8vo. pp. xiii, 592, law canvas, $4.00 net. In use at Cornell, New York University, and other law schools. Mortgage, Select Cases and other Authorities on the Law of. By George W. Kirchwey, Nash Professor of Law in Columbia University. Publishers, Baker, Voorhis & Co., New York. Part I, 8vo, pp. i, 285 cloth, $2.00 net. (To be completed in one volume of about 800 or 900 pages in January, 1901.) Part I, in use at Columbia and New York University. Negotiable Instruments-Cases, Statutes, and Authorities. Edited by Ernest W. Huffcut, Professor of Law at Cornell University. Publishers, Baker, Voorhis & Co., New York. 1 vol., 8vo, pp. xvi, 700; law canvas $4.00 net; law sheep, $4.50 net. In use at Cornell, New York University, Northwestern, University of Illinois, and other law schools. This work contains: (1) The Negotiable Instruments Law as enacted in several of the States; (2) the original notes of the American draftsman (J. J. Crawford, Esq.); (3) many of the notes of the English draftsman (Judge Chalmers); (4) the English Bills of Exchange Act; (5) a large collection of Selected and Leading Cases; (6) citations and extracts from Leading Authorities; (7) systematic and thorough annotations by the editor. Quasi-Contracts, Cases on. By William A. Keener, Dean of Columbia University School of Law. Publishers, Baker, Voorhis & Co., New York. 2 vols., 8vo, pp. Used at x, 541; ix, 658. Price, 2 vols., bound in one, law canvas, $6.00 net. Harvard, Columbia, New York University, Cincinnati, Northwestern, Western Reserve, and other law schools. 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The charge This space will be devoted to announcements of Law Schools. will be $5 for 1 inch by 2 inches for eight insertions; larger space in proportion. Columbia University School of Law offers a three-year course of study in private and public law leading to the degree of LL.B. Graduates of colleges and scientific schools in good standing are admitted without examination. All persons other than such graduates must be eligible for admission to the Sophomore Class of the College, or present the academic diploma of the Regents of the State of New York, or a certificate acceptable to the Regents in lieu thereof. Beginning with the academic year 19031904 no person will be admitted to the School except graduates of colleges and scientific schools in good standing, or persons presenting satisfactory evidence of equivalent training. For circulars containing full information address the Secretary, Columbia University, New York City. COLUMBIA LAW REVIEW. VOL. I. JANUARY, 1901. No. 1. THE BURDEN OF LOSS AS AN INCIDENT OF THE RIGHT TO THE SPECIFIC PERFORMANCE OF A CONTRACT.* THE HE effect of the destruction in whole or in part of the subject-matter of an executory bilateral contract, by the terms of which real property is to be conveyed and money paid therefor, either concurrently with, or subsequent to,the execution of a deed of conveyance, is to relieve the vendee from any obligation at law. Nor is it possible to reach any other result, since the only enforceable right acquired at law by the vendee is a right to recover damages for a breach of the contract. The vendor remains the owner of the property with all the incidents of ownership. Since a vendee has at law no ownership of the property and no power of control over the same, a court of law cannot, for the purpose of throwing the loss upon him, treat him as if he were the owner. The same result must be reached in equity when because of the terms of the contract the element of control, on the part of the vendee, is equally wanting in equity. Therefore, in a contract where the vendor is at liberty to sell or not as he pleases, the vendee, having no rights, should not be subjected to any burdens. It is for this reason that the result reached in Goldman v. Rosenberg should be followed in all jurisdictions. In that *The writer regrets that circumstances, beyond his control, have compelled him to confine the citation of cases almost exclusively to those found in his Cases on Equity Jurisdiction. 1 Wells v. Calnan, 107 Mass., 514. 2116 N. Y., 78. |