Rehkamp v. Klahr

There is no substantial dispute that the defendant failed to carry out his agreement to convey to the plaintiffs the real estate involved in the agreement entered into between the parties. The only question is whether the agreement was sufficiently certain to be enforced.

The agreement provides for a purchase money mortgage in the amount of $13,000, to be held by the defendant at 5 per cent interest but does not specify when the mortgage is to be payable. It is settled that where a written agreement for the sale of land provides that a portion of the purchase price is to be secured by a…