88 Wis. 493 | Wis. | 1894
The plaintiff relies upon on oral agreement for the conveyance of the premises, and part performance of it, to take the case out of the operation of the statute of frauds. The evidence seems to be sufficient to establish the contract upon all the material points, except in respect to the important and vital one of the price or consideration to be paid for the premises. Upon this point the parties flatly and positively contradict each other, and there is no evidence corroborating the plaintiff’s statement. The result is that the contract is not made out with the clearness and certainty necessary to entitle the plaintiff to the relief prayed. In Buxton v. Lister, 3 Atk. 386, in speaking of contracts which the court will enforce, Lord IIaedwiokh said: “ Nothing is more established in this court than that every agreement of this kind ought to be certain, fair, and just in all its parts. If any of those ingredients are wanting in the case, the court will not decree specific performance.” And in Lord Walpole v. Lord Orford, 3 Ves. Jr. 420, Lord UusslyN laid it down as a general proposition, to which he knew of no limitation, that “all agreements, in order to be executed in this court, must be certain and defined,” and that “ they must be proved in such manner
We were urged, in case we should be of the opinion that the judgment ought not to be reversed, to modify it so. as to dismiss the plaintiff’s complaint without.prejudice;, but as the judgment was upon the merits and is not erroneous, there is' ho legitimate ground upon which we can modiáy it in the least. The contract set up by the plaintiff-' is< voi'dy so that the plaintiff could have no remedy upon it at Haw, and there is therefore no-ground upon which thiseourfe can
By the Court.— The judgment of the circuit court is affirmed.