Faucett v. Northern Clay Co.

Citations

• 84 Wash. 382
• 146 P. 857
• 1915 Wash. LEXIS 801

Syllabus

<p>Specific Performance — Contracts—Certainty. The rule that specific performance of an executory contract will not he decreed unless all its terms are certain does not apply to a contract partly executed which by its terms can be made certain.</p> <p>Landlord and Tenant — Lease—Certainty—Term to be Agreed Upon — '“Yearly Rental” • — • Specific Performance. A contract of lease providing for a renewal at a “yearly rental” at a rent to be agreed upon or fixed by arbitration, for a term to be agreed upon, is not so uncertain as to warrant refusal of specific performance; since a term at a “yearly rental” was for at least two years; and the court* could fix a reasonable term under all circumstances, if either party captiously refused to do so; especially in view of partial performance, and valuable consideration to the lessor in regard to the use of the land for factory purposes, and agreements by the lessee to restore the land to its original condition upon abandonment or termination of the lease, with the right to remove all improvements.</p>