Whitney

MEMORANDUM ***

Dickson L. Whitney (“Whitney”) appeals the judgment entered by the district court against him on his claim for specific performance against G. Harvey Kennington Revocable Trust and Phil Kennington (“the Kenningtons”). We have jurisdiction pursuant to 28 U.S.C. § 1291 , 1 and we affirm. Because the parties are familiar with the factual and procedural history of this case, we will not recount it here.

I

The question presented by this appeal is whether an exchange of letters between Whitney and the Kenningtons formed a binding written agreement to sell the Kennington Ranch, a 1400-acre property located in Idaho.

Specific performance “will not be decreed where the contract is not certain in its terms. The terms must be complete and free from doubt or ambiguity, and must make the precise act which is to be done clearly ascertainable.... [S]uch a decree will be denied if some of the terms of the contract are indefinite and uncertain or are left open for future determination by the parties.” Nolan v. Grim, 67 Idaho 138 , 173 P.2d 74, 76 (Idaho 1946). Thus, the proper inquiry is to determine whether an agreement exists between the parties that contains unambiguous terms…