Hawkins v. Wells

Citations

• 5 Alaska 535

Syllabus

<p>Specific Performance <S=>29(2)—Contracts—Description of Property.</p> <p>Plaintiff, at Seward, Alaska, telegraphed defendant, at Seattle, Wash.: “Wire me lowest price your lot half cash balance one year.” The defendant answered: “Three thousand dollars sixteen hundred dollars cash balance one year.” Plaintiff tendered the first payment and demanded deed, to be held in escrow for balance one year, which was refused by defendant. Plaintiff brought this action for specific performance. Melé, equity will not compel specific performance, where the terms of the contract are uncertain. In this case there is no sufficient description of the property. In addition to this, the contract is not sufficiently definite and certain to be enforceable, in that it does not appear from the said correspondence that the parties’ minds had met, or that they had fully agreed upon the terms of the contract, to wit; As to the deferred payment; whether it drew interest; if so, at what rate; whether a mortgage was to be given; if so, its terms and conditions. The court cannot make a contract for the parties, but may in a proper case enforce one which they have completely and definitely agreed upon themselves.</p> <p>same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes</p>