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BY HORACE SMITH,

OF THE INNER TEMPLE, ESQUIRE, BARRISTER-AT-LAW, RECORDER OF LINCOLN.

With American Notes

BY BENJAMIN VAUGHAN ABBOTT..

Brought down to Bate

BY HORACE G. WOOD.

VOL. I.

BOSTON:

CHARLES H. EDSON & CO., PUBLISHERS.

1888.

Copyright, 1883,

BY SOULE AND BUGBEE.

Copyright, 1888,

BY CHARLES H. EDSON AND CO.

TYPOGRAPHY BY JOHN WILSON & SON.

PRESSWORK BY BERWICK & SMITH, BOSTON.

PREFACE

TO SECOND AMERICAN EDITION.

THE excellence of the work of Mr. Addison as a legal writer is too well established to need one word of commendation from me. His treatise upon the "Law of Torts" is standard authority in all of our courts, and is more often cited than any other book upon the subject. This work was prepared by him with the same care as that bestowed upon "Torts," and it has always been regarded by myself as the most thorough, exhaustive, and practical work upon the subject known to the profession. I have used it almost entirely during my practice, and have always found it accurate, reliable, and practical. There is but little difference in the law relating to contracts as administered in the courts of England and this country, and this work will be found as useful to American as to English lawyers.

My attention has been directed mainly to those branches of the topics that are of the most practical value to the profession. If ample time had been given me in discharging the duty of editor, I could have satisfied myself and my professional brethren much better than I have. But I have done the best

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