Legal Opinion

Zimmerman v. Rhoads

Supreme Court of Pennsylvania

Decided January 3, 1910No. Appeal, No. 48PublishedCited by 16 opinions

Appeal, No. 48, Oct. T., 1909, by plaintiff, from decree of C. P. Somerset Co., Equity Docket, 1907, No. 14, dismissing bill in equity in case of Daniel B. Zimmerman v. Alex. Rhoads and S. N. Widdup. Bill in equity for specific performance of a contract. Before Gillan, P. J., specially presiding. From the record it appeared that the contract sought to be enforced was exactly as follows: “Agreement made the 8th day of December, 1906, between Alex.

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Appeal, No. 48, Oct. T., 1909, by plaintiff, from decree of C. P. Somerset Co., Equity Docket, 1907, No. 14, dismissing bill in equity in case of Daniel B. Zimmerman v. Alex. Rhoads and S. N. Widdup. Bill in equity for specific performance of a contract. Before Gillan, P. J., specially presiding. From the record it appeared that the contract sought to be enforced was exactly as follows: “Agreement made the 8th day of December, 1906, between Alex. Rhoads of Somerset Borough, Somerset County, State of Pennsylvania, of the first part, and C. O. Kooser, of the second part: “Witnesseth: That the…

1Opinion of the Court

Opinion by

Mr. Justice Mestrezat,

The learned judge of the court below was right in dismissing the plaintiff’s bill. It prayed for the specific performance *177of a contract, the terms of which were entirely too indefinite, incomplete and uncertain to warrant a chancellor in decreeing specific performance. A court of equity will not enforce a contract, unless it is complete and certain in all its essential elements. The parties themselves must agree upon the material and necessary details of the bargain, and if any of these be omitted, or left obscure or indefinite, so as to leave the intention of…

2Cases cited1 opinion

  1. Ikerd v. BeaversIndiana Supreme Court · 1886

3Cited by16 opinions

  1. Bendalin v. DelgadoTexas Supreme Court · 1966
  2. Atlantic Refining Co. v. Wyoming National BankSupreme Court of Pennsylvania · 1946
  3. Driebe v. Fort Penn Realty Co.Supreme Court of Pennsylvania · 1938
  4. Beaver v. SlaneSupreme Court of Pennsylvania · 1921
  5. Hoffman's AppealSupreme Court of Pennsylvania · 1935

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