Carroll v. Jones

Head, Justice.

The plaintiff in error contends that the contract in this case is lacking in definiteness and certainty as to the consideration to be paid, and that specific performance of the contract can not, therefore, be decreed. Counsel for the plaintiff in error has cited decisions by this court and from foreign jurisdictions which hold that, where a contract is lacking in clearness and certainty as to any of its essential parts, specific performance will be denied. It is a well-established general principle of law that, in order for a court to decree specific performance of a contract,…