Micheli v. Taylor

• Decision Date: 28 May 1945
• Docket Number: 15570.
• Citation: 159 P.2d 912,114 Colo. 258
• Parties: MICHELI v. TAYLOR et al.
• Court: Colorado Supreme Court

159 P.2d 912

114 Colo. 258

MICHELI v. TAYLOR et al.

No. 15570.

Supreme Court of Colorado, En Banc.

May 28, 1945

Error to District Court, Las Animas County; John L. East, Judge.

Action by Sam T. Taylor and others, copartners, doing business as the Taylor Coal Mining Company, against James Micheli for specific performance of a contract for the sale of land and other estate property. The trial court decreed specific performance, and defendant brings error.

Judgment modified, and, as modified, affirmed.

John J. Morrissey, Charles T. Mahoney, William H Scofield, and Harold G. King, all of Denver, for plaintiff in error.

John N Mabry, of Trinidad, for defendants in error.

STONE Justice.

Defendants in error brought action for specific performance of the following contract:

'Received of The Taylor Coal Mining Co. of Walsenburg, Colo., one Dollar and other valuable consideration for my entire interest in the lands and properties formerly belonging to the Pio Micheli estate purchase price balance of $7000 to be paid on or Before 12 months from date and covered by a partial Deed of Trust on the Rapson mine property and bearing 3% interest.

'James Micheli.'

Motion to dismiss in the nature of a general demurrer was denied, the issues were tried to the court and judgment was entered decreeing specific performance, review whereof is sought by defendant below, plaintiff in error here. The evidence is not Before us so we must assume that it justified the findings of the trial court that the purchase price stated in the contract is fair and equitable, and that the contract is one which the court should properly require to be performed.

Error is assigned first, in that it is asserted that the contract does not satisfy the requirements of the statute of frauds and affords no proper basis for the complaint. To be subject to specific performance, a contract must be complete, certain and definite in its material terms; however, where otherwise complete, it is not necessary that the writing should furnish the sole evidence of such certainty and definiteness; these may be supplied either by reference to other documents or parol evidence as to extrinsic facts.

As we declared in Eppich v. Clifford, 6 Colo. 493, the memorandum to comply with the statute, 'must show on its face, or by reference to other writings, first, the names of the parties, vendor and vendee; second, the terms and conditions of the contract; third, the interest or property affected; and fourth, the consideration to be paid therefor,' and further, 'If the names and intention of the contracting parties can be determined with reasonable certainty from the language of the instrument, and a valid contract is thereby disclosed, specific performance may be decreed thereon.' The memorandum in the Eppich case is strikingly similar to that in the case at bar, and it was there held that the agreement to purchase, and names of the parties were sufficiently shown. Here, the words 'Received * * * one Dollar and other valuable consideration for my entire interest' import obligation to sell, and the words, 'purchase price balance of $7000 to be paid,' import obligation to purchase.

The property intended to be conveyed, to wit: 'my entire interest in the lands and properties formerly belonging to the Pio Micheli estate,' is sufficiently identified to permit its designation by other documentary or parol evidence.

In Oles v. Wilson, 57 Colo. 246, 141 P. 489, 491, specific performance was sought of an agreement whereby one Macky agreed to bequeath 'a portion amounting in the minimum to or sum equal to not less than one-third (1/3) of the valuation of his entire estate.' The property was held sufficiently identified and the agreement not void for uncertainty of description.

In Perry v. Wilson, 183 Ky. 155, 208 S.W. 776, 778, a deed conveying 'all of the grantor's interest in the real estate of his father, R. H. Helton, deceased,' was held sufficiently certain to permit...