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THE RELATIVE DUTIES OF MANKIND. [Part III.

accurate Pothier, which is the law of the greatest part of conti-nental Europe, and the basis of the code of Louisiana, is rathermore severe in its requisitions, than the common law of Englandor of the United States. He says, “ Although, in many trans-actions of civil society, the rules of good faith only require us torefrain from falsehood, and permit us to conceal from others thatwhich they have an interest in knowing, if we have an equalinterest in concealing it from them, yet in interested (pecuniary)contracts, among which is the contract of sale, good faith notonly forbids the assertion of falsehood , but all reservation con-cerning that which the person with whom we contract has aninterest in knowing, touching the thing which is the subject ofthe contract.” * “ In the application of this rule, the same

commentator is of opinion, that the seller is obliged to discloseto the buyer every circumstance within his knowledge relating tothe subject, which the latter has an interest in knowing ; and thathe sins against the good faith which ought to reign in these trans-actions, if he conceals any such circumstances.”!

2. There are, too, some branches of our own law, which, inregard to contracts, are said to be more strictly in conformitywith the decisions of an enlightened conscience, than the com-mon law. This is affirmed to be true of equity jurisprudence.^Yet this superior perfection, claimed in behalf of equity, pertainsrather to the means and facilities, which it is permitted to use, inorder to attain its end, to the manner in which it grants relief andapplies its remedies, and to the extent of its jurisdiction, than tothe object at which it aims ; to wit, the attainment of the great-est possible measure of justice and rectitude, — which object isnot less the aim of the common law. There are c< latent fraudsand concealments, which the process of courts of common lawis not adapted to reach.” The object of equity is, to open thebreasts of parties, and “ courts of equity address themselves tothe conscience of the defendant, and require him to answer, uponhis oath, the matters of fact stated in the bill, if they are within

* Wheaton’s Reports, Vol. II. p. 185, note.

t Manuscript Lecture of Professor Greenleaf, of Harvard University,t Kent’s Commentaries on American Law, Vol. II. pp. 382 - 385.