Shindelar

This is an action to reform a written contract and for its specific performance. Findings of fact and conclusions of law were waived. The decree rendered directs that the contract "be reformed to state the true intention of the parties to this action." Provision is then made for specific performance of the contract through the conveyance of the lots in question to the plaintiffs, and the cancellation of the defendant's notes theretofore ified in court, the principal of which aggregates sixteen thousand dollars, the remedy being that prayed in the complaint.

The contention of appellant, which has been most stressed, is that the remedy by specific performance will not be applied for the violation of an agreement unless, among other elements, the consideration is definite and certain. In the contract as originally written the consideration named was ten dollars, “and other valuable consideration.” However, this is one of the particulars in which the plaintiff asks that the contract be reformed. It is alleged that the true consideration as actually agreed between the parties was sixteen thousand dollars, to be paid by delivery to the defendant “of his promissory notes aggregating…