Manion, James A.

English

St. John's University School of Law

St. John's Law Review Volume 7 Number 2 Volume 7, May 1933, Number 2 Article 42 June 2014 Cases and Materials on Vendor and Purchaser (Book Review) James A. Manion Follow this and additional works at: https://scholarship.law.stjohns.edu/lawreview Recommended Citation Manion, James A. (1933) "Cases and Materials on Vendor and Purchaser (Book Review)," St. John's Law Review: Vol. 7 : No. 2 , Article 42. Available at: https://scholarship.law.stjohns.edu/lawreview/vol7/iss2/42 This Book Review is brought to you for free and open access by the Journals at St. John's Law Scholarship Repository. It has been accepted for inclusion in St. John's Law Review by an authorized editor of St. John's Law Scholarship Repository. For more information, please contact selbyc@stjohns.edu. 384 ST. JOHN'S LAW REVIEWmaterial for the consideration of compositions, assignments for the benefitof creditors, and receiverships. It is to be regretted however, that, as ex-plained by Professor Sturges, no reference has been made in his volume tothe liquidation of banks, insurance companies, building and loan companies,or brokerage houses. Matters relating to the collection of assets, proof andallowance of claims, priorities, and payment and discharge arising under thevarious procedures for liquidation, are arranged for easy access both forreference and study.Part I, chapter 1, deals with an analysis of debtors' estates. It is recom-mended therein that the student become familiar with the elementary princi-ples of accounting, so that an intelligent understanding of the financial affairsof the debtor may be had. Chapters 2, 3 and 4 contain a comprehensive col-lation of cases and comment on "Composition and Assignments for the Benefitof Creditors," "Receiverships," and "Bankruptcy Proceedings," respectively.Chapters 5 and 6, being generally classified in Part II under the heading"Administration," cover the "Collection of Assets" and "Proof and Allow-ance of Claims for Payment."Part III, entitled "Discharge and Final Settlement," embraces chapters7 and 8, which are more specifically headed "Discharge of Debtor and HisEstate" and "Final Accounting and Discharge of Assignee, Receiver, andTrustee."Equally valuable is the Appendix, which contains:(a) Various statutes regulating general assignment for the benefit ofcreditors, taken from the laws of New York, Michigan, and California.(b) The National Bankruptcy Act and General Orders in Bankruptcy.(c) An analysis of the proposed bill to amend the Bankruptcy Act.Why bankruptcy is stressed as the solution of debtors' problems is diffi-cult to understand. As often, if not more so, another method of liquidationmay result in a more practical and equitable settlement with a substantialsaving of the assets. Also, many proceedings in bankruptcy involve assign-ments and compositions.The exhaustive research of the author is reflected in his comments andsuggestions as well as in the comprehensive select ion of cases. This workcan be expected to take its place among those other invaluable volumes bythe same compiler.ROBERT D. FLEMING.Far Rockaway, New York.CASES AND MATERIALS ON VENDOR AND PURCHASER. By Milton Handler. St.Paul: West Publishing Company, 1933, pp. XIX, 925."The old order changeth, yielding place to new, * * *." For years thevarious property courses in our law schools have been paraded before thestudents under the familiar and prosaic label of "Real Property" and thebook assigned for class use was invariably entitled "Cases on Real Property."This has now been changed by Mr. Handler, who gives us an intensely prac-tical volume of legal expressions under the caption, "Cases and Materialson Vendor and Purchaser." The author prefaces his work with a statementwhich anticipates disagreement with the arrangement of topics and his lib-eral use of annotations and comments throughout the book. DissatisfactionBOOK REVIEWSis a natural accompaniment of any attempted reform regardless of the meritsof the proposed change. Some objections are sincere and at times well taken.Frequently, however, stubborn resistance is shown to any new effort becauseof our reluctance to part with things which are familiar and our preferenceto keep things as they are, no matter how burdensome, rather than exerteven a slight effort to adapt ourselves to a new mode of thinking.In our opinion this book should provoke very little unfavorable criticism.It has been intelligently planned and the completed volume is evidence of thepainstaking effort employed in the accomplishment of the author's purposeto give us cases designed for the enlightenment of the student on problemswhich he will encounter in his everyday work as a lawyer. The materialshave been wisely chosen and carefully edited, a performance which deserveshigh praise.The first chapter is devoted to cases on the Statute of Frauds. Briefexcerpts from the English Statute of Frauds and the existing New YorkLaw serve as an introduction to this most important phase of the course,the material for which occupies almost 100 of the 925 pages of the book.Included in this section is a form of sales contract, the provisions of whichare carefully analyzed in subsequent cases. Chapters on Performance, RightsPending Transfer of Title, Remedies and Assignment complete the first ofthree major divisions into which the book is divided. In these pages we findmuch valuable information upon Title Searching, a practical and very neces-sary part of any sale of real property and something of which the averagelaw school graduate is almost wholly ignorant. The notes on marketabilityof title are particularly valuable and do much to eliminate many doubts whichare created in the mind of the student by the first reading of cases on thistroublesome and perplexing question.In Part II, called "The Conveyance," we find the formal requisites ofthe real property deed, preceded by a short outline of ancient methods oftransferring title and a recital of the clauses usually found in the modernform of deed. This is followed by several pages of statutory requirementsupon the passage of title extracted from the laws of several states includingNew York, Texas, Georgia, Michigan and Indiana. Cases upon execution ofthe deed are followed by numerous pages devoted to recordation and an in-teresting discussion of the Terrens System' by Donald I. Piser.The tenth and final chapter in Part II deals with Covenants of Title,and here again Mr. Handler's notes play an important role in giving clarityof expression to the legal principles established by court decisions.The last part of the book is called "Rights in the Land of Another"and contains 180 pages of cases dealing with Easements, Licenses, CovenantsRunning With The Land, and Equitable Servitudes. Here will be foundseveral old "teachers' favorites" and many new cases destined to become so.A table of cases and an index complete a very handy and useful book whichshould be well received by all whose association with the subject of realproperty requires ready access to a group of carefully selected materialsconveniently arranged.Brooklyn, N. Y. JAmES A. MANION.'See also, Moore, The Trend (1933) 5 RocKY MT. L. REv. 149.

Cases and Materials on Vendor and Purchaser (Book Review)

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Cases and Materials on Vendor and Purchaser (Book Review)

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