126 Wis. 382 | Wis. | 1905
The defendant’s claim is that the evidence shows that the plaintiff went into possession of the premises and performed the labor for which he sues under a valid and enforcible contract for the sale of the land, and that hence the plaintiff’s remedy,is by action to enforce the contract and not by action for the value of labor performed and materials furnished. Cameron v. Austin, 65 Wis. 652, 27 N. W. 622. This claim was rejected by the trial court, and we think rightly so. Specific performance of a contract will not be decreed unless its essential terms are clearly and definitely expressed. Courts will enforce a contract already made, but will not supply material and missing portions and thus at the same time malee as well as enforce a contract. Where a contract contemplates or provides for deferred payments, or the giving of credit for a part of the purchase money, the times when such deferred payments are to be made are essential parts of the contract, and, if such times be not fixed, the contract is uncertain and incomplete and cannot be enforced. Schmeling v. Kriesel, 45 Wis. 325. The memorandum before us in the present case very clearly contemplates that there was to be credit given for $100 of the purchase price; but it is absolutely silent as to the term of that credit, hence it comes within the rule of the case last cited.
Nut the appellant claims that, even if there was no valid written contract, still, if there was a definite parol contract
It is claimed that tbe doctrine of tbe Schmeling Case was overruled in tbe case of Hadfield v. Bartlett, 66 Wis. 634, 29 N. W. 639, but we are unable to see bow this claim has any foundation.
There being no contract wbicb tbe plaintiff could enforce for tbe conveyance of tbe land or tbe execution of a land contract, be was clearly entitled to recover for bis labor and materials expended upon tbe defendant’s land at bis implied request.
By the Oowrt. — Judgment affirmed.