Minturn v. Baylis (1867) · DecisionDepot

Minturn v. Baylis

Name: California Superior Court Tentative Rulings
Creator: DecisionDepot
License: https://creativecommons.org/licenses/by-nc/4.0/

California Supreme Court Jul 15, 1867Published

Before: Sawyer

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Holding. The court held that the written instrument was too vague and indefinite to be specifically enforced because it failed to express any promise or covenant by either party to perform the acts described. Consequently, the judgment of specific performance was reversed as to the appealing defendants.

Issues

Whether the written instrument contains a sufficiently definite agreement to be specifically enforced.
Whether the judgment of specific performance should be reversed as to the appealing defendants when the original defendant did not appeal.

Disposition. reversed and modified

Quotations verified verbatim against the opinion

“The contract in fact fails to state the agreement between the parties, and is too vague and indefinite to justify a Court in attempting to make an agreement out of it, and specifically enforce it.”

“There is certainly no agreement expressed on the part of defendant to convey the property to plaintiff, or, on the part of the plaintiff, to execute the notes mentioned to defendant”

Synopsis

Specific Performance of an Indefinite Contract.—A Court will not attempt to enforce the specific performance of a contract in writing relating to lands, where the terms of the instrument are so vague and indefinite that it is impossible to ascertain what the contract really is.

Reversal of Judgment.—If only one of two defendants appeal, the judgment may he reversed as to him, and allowed to stand as to the defendant not appealing.

By the Court, Sawyer, J.: The plaintiff and defendant Hugh S. May executed an instrument in writing in the following terms :

“ This agreement made and entered into this 23d day of July, 1866, between Hugh S. May of the County of Sonoma, [132]State of California, party of the first part, and Charles Min-turn, of the City of San Francisco and State of California, party of the second part, witnesseth : That for and in consideration of the sum of $750, gold coin of the United States of America, payable in notes of $375 each, said notes to be drawn payable in three or four months after date, said notes all to be executed and delivered on Hugh S. May making, executing and delivering a good and sufficient deed of conveyance for all the water front property on what is known as the old Italian Garden property, including all the land lying between the present traveled country road and Petaluma Creek, including the present wharf and wharf franchise, together with all improvements thereon situated. Said land hereby intended to be conveyed is all of the frontage lying on Petaluma Creek and in front of the property now being occupied by said May. Said above mentioned notes are to commence running from the date on which they are given, and not from that of this agreement.

“ It is hereby understood and agreed that all the old rubbish and lumber not wanted and used by the party of the second part in removing said wharf and lumber, the party of the first part is to have to his own use and benefit. And it is hereby further understood and agreed that the written consent of James Jacques, or, in other words, that a certain mortgage which he now holds on said property is fully satisfied and discharged before said notes are given.

“ In witness whereof we have hereunto set our hands and affixed our seals the day and year first above written.

“ Hugh S. May. [l. s.]

“ Charles Minturil [l. s.]

“ Witness—A. P. Overtoil”

The plaintiff in his complaint sets out the contract, avers that it is an agreement on the part of May to convey the real estate therein described, that the other defendants are subsequent purchasers with notice, and that the plaintiff has offered to perform his part and demanded a conveyance, which [133]

Minturn v. Baylis

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