It has been so ably discussed
that there is less room here elsewhere for essentially new
analysis. But a short of the growth of modern doctrines, whether
necessary or not, will at least be interesting, while an analysis
of their main characteristics cannot be omitted, and may present
some new features.
It is popularly supposed that the oldest forms of contract known
to our law are covenant and debt, and they are of early date, no
doubt. But there are other contracts still in use which, although
they have in some degree put on modern forms, at least suggest
the question whether they were not of equally early appearance.
One of these, the promissory oath, is no longer the foundation of
any rights in private law. It is used, but as mainly as a
solemnity connected with entering upon a public office. The judge
swears that he will execute justice according to law, the juryman
that he will find his verdict according to law and the evidence,
the newly adopted citizen that he will bear true faith and
allegiance to the government of his choice.
But there is another contract which plays a more important part.
It may, perhaps, sound paradoxical to mention [248] the contract
of suretyship. Suretyship, nowadays, is only an accessory
obligation, which presupposes a principal undertaking, and which,
so far as the nature of the contract goes, is just like any
other.
Pages:
289
290
291
292
293
294
295
296
297
298
299
300
301
302
303
304
305
306
307
308
309
310
311
312
313