Vaughan v. Tetzlaff

The plaintiff-appellant sued for specific performance of a real estate contract with the defendants. The trial court found that the parties had not agreed on a critical contract term, and concluded that the contract was so uncertain as to bar the remedy of specific performance. We reverse.

The plaintiff, as buyer, and defendants, as sellers, signed a contract which described the land to be conveyed as follows:

23 +/- (twenty-three plus or minus) acres located on Morse Hill Road, adjacent to lands of Orla Reed on the North and East, and containing a right of way to said land on the north,…