Reeves v. Littlefield Et Al. - Supreme Court of Montana

Reeves v. Littlefield Et Al.

By Supreme Court of Montana

  • Release Date: 1936-02-10
  • Genre: Law
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Reeves v. Littlefield Et Al. Supreme Court of Montana Book Review Score: ★★★★★ 5/5 stars

Specific Performance ? Contract for Sale of Real Property ? Incompleteness and Uncertainty of Contract ? Decree Properly Denied. Specific Performance ? Contract must be Certain and Complete. 1. Before a decree of specific performance may be awarded, the contract sought to be specifically performed must, under subdivision 6 of section 8720, Revised Codes 1921, not only be certain, but also complete. - Page 483 Same ? Sale of Real Property ? Contract must Comprise All Terms Agreed upon. 2. An agreement to sell real property, to be finally settled, must comprise all the terms which the parties intended to introduce into the agreement; an agreement to enter into an agreement on terms to be later settled by the parties is not such a one as may be specifically enforced. Same ? Sale of Real Property ? Contract Based on Correspondence ? Insufficiency ? Case at Bar. 3. A contract for the sale of real property based on an interchange of letters between vendor and purchaser which did no more than fix the price, and monthly payment with interest at 6 per cent., the property being described by the vendor as "my building" on a certain avenue, and from which it was apparent that the parties contemplated the making of a future contract, held insufficient to justify a decree of specific performance, in the absence of any mention of whether the property was to be conveyed by deed secured by mortgage or without security, when possession was to be secured by the purchaser, when interest should be payable or where payment should be made, what remedies should be available to the vendor in case of default by the purchaser, etc. Contracts ? Making of Contracts for Parties not Function of Courts. 4. Courts cannot make contracts for parties.

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