Horner v. Woodland

Citations

• 88 Md. 511
• 41 A. 1079
• 1898 Md. LEXIS 228

Syllabus

<p>Specific Performance — Indefinite Agreement.</p> <p>Specific performance will not be decreed of a written contract for the sale of land which is indefinite and obscure in its terms, and when the real intention of the parties cannot be clearly ascertained.</p> <p>The plaintiff wrote to defendant offering to take $4,500 for the H. lot “with the $8,500 thereon, if you will allow G. one year in which to pay you Si,500, and deed the farm to him or his order when the $1,500 is paid you, provided also G. will receipt to me for any interest he may have in the said lot.” Defendant accepted this offer, but there was nothing in the memorandum to show what farm was intended or what relation the payment of the $1,500 bore to the payment of the $4,500. The evidence taken was in direct conflict as to whether the plaintiff was to pay the difference between the two amounts or not. Held, that specific performance should be refused.</p>