Smith v. Farrell

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• “ ‘In order that there may be an agreement, ... [the parties’] minds must meet as to all the terms.’ ”
• “An incomplete contract, therefore, is one from which one or more material terms have been entirely omitted.”
• “[i]n order that there may be an agreement, the parties must have a distinct intention common to both and without doubt or difference.”
• “If any portion of the proposed terms is not settled, or no mode is agreed on by which it may be settled, there is no agreement.”
• “Whether the evidence establishes that a reasonably certain, definite and understandable contract was settled upon and entered into between the parties and thereafter breached by defendant is the ultimate question to be determined.”
• “An uncertain contract is one which may, indeed, embrace all the material terms, but one of them is expressed in so inexact, indefinite or obscure language that the intent of the parties cannot be sufficiently ascertained to enable the court to carry it into effect.”

Source: CourtListener parenthetical corpus (CC0).