LAWS 4175 Lecture Notes - Lecture 6: Corpus Juris Secundum
28 Dec 2020
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In july of 1951, keith (d) leased a small lot to walker (p) for a 10-year term. Walker sued keith and a trial court, not necessarily ruling in favor of either party, decided to set the rent at . The appeals court reversed the trial court decision and found that the language contained within the provision was not certain enough for the provision to be enforced. Further, the appeals court found that the trial court erred in taking it upon themselves to fix a rent amount when the optional provision was not certain enough to be enforced. The court in walker cited sections of the landlord and tennent code, as well as provisions contained in 33 of the second restatement of contracts. Code and 33 suggests that the degree of certainty that must be agreed upon must be such that a court could reasonable determine and enforce what was agreed upon.
