Kane v. Luckman

Citations

• 131 F. 609
• 1904 U.S. App. LEXIS 4939

Syllabus

<p>1. Specific Performance — Contract Enforceable — Definiteness of Terms.</p> <p>Plaintiff in a suit for specific performance testified to tlie making of an oral contract with defendant for the purchase of 510 cows, in exchange for which he was to convey to defendant a farm situated in Missouri at a stated price, paying the difference in cash, and that he gave defendant a check for $100 to apply thereon. He was to some extent corroborated by another witness. Defendant testified that the agreement was conditional; that he was to go to see the land, and, if found to be as represented by plaintiff, on his return a written contract was to be made, and the cheek cashed and applied thereon. It was shown, without dispute, that he started the next day to see the land, taking another with him, and that on his return he stated to plaintiff that the land was not at all as represented, and refused to complete the trade, and tore up the check. It was also admitted by plaintiff that there was a mortgage on the land, and that it was not agreed whether he should pay it, or it should be assumed by defendant, which matter was to be determined later. Held, that such evidence did not entitle plaintiff to a decree for specific performance, under the settled rule that it must be clearly shown that the contract was completed, and that its terms were fair, and so definite and certain that they could not be reasonably misunderstood.</p> <p>2. Same.</p> <p>An offer by plaintiff to pay the mortgage did not relieve the contract from the objection of incompleteness, since neither plaintiff nor the court had power to complete it to bind defendant.</p> <p>3. Same — Mutuality of Contract.</p> <p>Such contract, even if admitted, could not be specifically enforced by plaintiff, for want of mutuality in obligation, since, under the statute of frauds, both of Iowa, where it was made, and of Missouri, where the land was situated, it did not bind him to convey the land.</p> <p>4. Same — Adequate Remedy