Lange

Plaintiff sued to recover damages from defendants for their breach of contract for the sale of realty. The defendants set up mutual mistake in the drawing of the contract, and that it was understood and agreed between the parties that, notwithstanding the language of the contract, it remained discretionary with the defendants whether or not they would convey the land. They further alleged that the contract was void for uncertainty. The court found against the defendants upon all questions saving that of the uncertainty of the contract. In this particular it found, "that the plaintiff, Charles Lange, complied and offered to comply and was at all times able, ready and willing to comply with all the terms and conditions of the said contract on his part, but that the defendants W. B. Waters and Hattie Waters wrongfully and arbitrarily refused to comply with the said contract on their part and to deed to the plaintiff the nineteen acres of land agreed by them to be sold to him on the terms and conditions herein mentioned and described and set out in the said complaint, and that had said contract between plaintiff and defendants been certain in the description of the land therein…