204 Pa. 192 | Pa. | 1902
Opinion by
The memorandum in writing on which appellant’s bill is founded is unfortunately wanting in that complete and definite character which is necessary to enable a court of equity to decree specific performance. The bill supplements the memorandum by describing the land as “ lot No. 1, in a plan since laid out by the defendant company of record, etc., setting out the metes and bounds.” It may be conceded that if the memorandum itself had so described it, the court might have resorted to the extrinsic evidence of the plan to identify the subject-matter. But the bill
The definite terms of the contract were thus expressly left for the future action of the parties. A refusal to perform may'make a party liable for damages, but does not subject him to the obligation of specific performance. A chancellor can only enforce an agreement specifically where the parties have agreed defininitely on all its terms, and left nothing to the future but bare performance.
Decree affirmed.