The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1899-07-13

contract was not possible of specific
performance because af vagueness iii
certain of its terms. Judge Burfing-
ton dismisses the exceptions as being
without merit and holds to his original
contention that a specific performance
of the contract is necessary because of
the inability to find any applicable
measure of damages. The opinion in
full follows:
THE OPINION.
James w. Oakford VS.. Frances A.
Hackley, No. s, January term, 1899. in
the circuit court of the United States,
Western district of Pennsylvania
Sur exceptions to proposed decree.
Burlington, ].
In disposing of these exceptions we
have, at the instance of respondents
counsel and on additional briefs. recon-
sidercd the conclusions heretofore
reached, and expressed in an opinion on
file. This has not led to any change OF
view, indeed it has but served to deepen
our conviction that just result was
reached.
Mr.. Oakley's offer was specific and
definite in subject matter and price. 1t
is true it also stipulates for usual min
ing privileges" and "a reasonable mini
num-" But what such usual mining
privileges" or what "a reasonable mini
mum should be, were not necessarily
matters to be fixed by the parties alone.
They were matters of fact, susceptible
Of ascertainment, and a covenant for
them inserted in a subsequent lease was
not vague, indefinite and uncertain.
That an agreement TO lease coal, in
other respects certain. and one proper
for specific performance, should be de-
MED specific performance because it stip-
ulates for usual mining privileges" and
"a reasonable minimum" is to ignore
the principle "id Certum est quod GER
tum reddi potest."
While it is true such privileges and
minimum might be fixed by agreement
of tho parties, yet, should one party re-
fuse to fix them, or both omit to do SO,
they were none the less susceptible of
subsequent definite ascertainment.
SHE ACCEPTED OFFER.
The Offer in this form. Mrs. Hackley,
in writing, accepted, directed "W. H. Jes-
sup TO draw up the proper lease for the
coal mentioned 1t should be noted that
| it is not "a proper lease" but "the proper
lease; one to close the transaction. That
II was so regarded by her counsel is
| clear, for, on notifying Oakley of the ac-
ccptanCc Of his offer, he stated: "The
acceptance is predicatcd upon the sign
| ing of such lease as ! shall advise her to
prepare"
Such lease was prepared by her agent.
| duly authorized thereto. 1t was aC-
| cepted and signed Ivy Oakley This COM
! pletcd the contract. Counsel have not
| specified any substantial objection to it's
| form or details. The mining privileges
| are not shown to be unusual or the min
| imum unreasonable. And if they had
| been, which i'm fact they are not shown
to be, it is to be noted that the lease was
prepared by Mrs. Hackley's authorized
| agent ana by him furnished to oakley.
| The respondent did not base her re-
! fuSal to sign upon Objectionable provis-
ions in the lease, but on the ground that
| no contract whatever existed.
| on this branch of the case, which she
| made the matter Of substitute, she has
| failed. Having so failed it must not be
overlooked that, under the finding and
| opinion of the court, the lease was pre-
| pared by her counsel whom she author
| lied to prepare it CwhOse motives or con-
| duct have not been impugncdD and thus,
| by her. through her empowered agent,
was the consummation and completion
| on her part, as regards Oakley, of her
| previous written acceptance,
The contract to lease, therefore, having
been fairly entered into as We stated
in our prior opinion, We regard it as pc
| CullarlN one Tor Speclnc performance
| owing to the inability of the complain
ant TO obtain adequate relief and COM
| pcnsation at law.
The opinion of the Supreme court OF
| the United States i'm the recent case oi
| Walla Walla ". Walla Walla Water
company 172 L. S. Reports, whore II
| says: This court has repeatedly de-
cared in afiirmance of the generally ac,
cepted proposition that the remedy al
law i'm order to exclude a convenient
remedy at equity, must be as complet
as practical and as efficient to the end,
Of justice and its prompt administration
| as the remedy in equity"
| The exceptions To the decree are over
ruled and thq decree prayed for will be
entered.
Attorney s. b, Price represented the
| plaintiff and the defense was repre-