Mosteller v. Mashburn

(After stating the foregoing facts.) It is one of the essential elements of a contract that the undertaking and the promises expressed therein must possess such degree of definiteness and certainty as to be capable of ascertainment. This may be determined, not only by the express terms of the contract, but by the circumstances under which the contract is made, and what may at the time have been in the minds of the parties and so understood by them. Where there is a contract for the performance of services by one party, in consideration of the payment of money therefor by the other party, the…