114 Wis. 347 | Wis. | 1902
From among the nnmerons objections urged by defendant to the maintenance of this action, there is one which seems to us very clearly to justify the conclusion reached by the trial court in the exercise of its judicial discretion, — that a court of equity ought not to undertake to specifically perform the contract set forth in the complaint, notwithstanding it should be found that such contract was entirely valid, upon a full consideration, and that its breach was unjustifiable and must do grievous wrong to the plaintiffs, incapable of adequate remedy in a court of law. That objection consists in the uncertáinty and incompleteness of the contract as to the starting point and location of the proposed road. By the terms of that agreement, while at a distance of some thirteen miles or more the road must strike the village of Balsam Lake, the point of departure from the east and west line of defendant’s railroad, running across the southern part of Polk county, is wholly undetermined. The contract is satisfied by starting the road at any point within a space of about twenty-five miles. Again, when that point is ascertained, the course of the road may be anywhere, at the will of the defendant, so that it reaches the village. ■'Such uncertainty as this may not defeat the validity of the contract. It may be that defendant as much breaks the contract when it refuses to exercise its option and to build somewhere as if the location were defined, but the location of the road is not fixed and determined by the contract until, under its provisions, the defendant has exercised its option in that respect. It cannot be said that there is an agreement to build the road upon any line which the court might select; hence, should any line be adopted by the court, and the road be required to be built thereon, it would, in effect, be making a contract to build the road there, for the parties had made none. That courts of equity will not enter this field of sup
True, it may well he urged that the selection of the starting point and of the course of the proposed railway rested wholly with the defendant, and, if it had performed its duty under the contract, all uncertainty would have been removed therefrom. There is much force to the argument that it ought not to profit by its own wilful defiance of its contractual obligation. Were the question new or unsettled, my personal inclination would tend strongly toward either compelling the defendant to exercise its option, or toward holding that it had forfeited its privilege of election and yielded to the plaintiffs or the court authority to select a line within the limits of the contract. The subject, however, is neither novel nor unsettled. At least as early as Lord Eldon's day it was decided that courts of equity would exercise their discretion against undertaking specific enforcement of incomplete contracts, lacking certainty as to essential terms, although the uncertainty existed by reason of defendant’s fault. Wilks v. Davis, 3 Mer. 507. That view has been followed with surprising unanimity by courts since. A few only of the cases need be cited: Morgan v. Milman, 3 De Gex, M. & G. 24, 34; Taylor v. Gilbertson, 2 Drew. 391; Darbey v. Whitaker, 4 Drew. 134; Blanchard v. D., L. & L. M. R. Co. 31 Mich. 43, 58; Huff v. Shepard, 58 Mo. 242, 247; Domestic T. & T. Co. v. Metropolitan T. & T. Co. 39 N. J. Eq. 160; Woodruff v. Woodruff, 44 N. J. Eq. 349, 16 Atl. 4; Stanton v. Miller, 58 N. Y. 192, 200; Duffield v. Whitlock, 26 Wend. 55; Hopkins v. Gilman, 22 Wis. 476.
None of the reasons exist here which have sometimes led courts of equity to give redress by way of damages when they find specific performance beyond their power or duty. The present case is before us at its very inception. Testimony has not been taken. No bar of limitation has run against a proper action at law. The plaintiffs’ damages may perhaps yet be affected by their own efforts to supply what defendant contracted to give them. Such damages may, upon the evidence, be of a character incapable of computation, and especially within the proper field of decision by a jury. Further, it must not be overlooked that, as a general rule, legal rights should be enforced in a court of law, where the constitutional right to trial by jury is preserved. Only in exceptional cases, where unnecessary hardship clearly de-
By the Court. — The order appealed from is affirmed.
A motion by the appellants for a rehearing was denied May 13, 1902.