Certainty
A Law Dictionary, Adapted to the Constitution and Laws of the United States · John Bouvier · 1839
A Law Dictionary, Adapted to the Constitution and Laws of the United States
UNCERTAIN.
TY, contracts; in matters of obligation; a thing is certain, when its essence, quality and quantity, arc sufficiently described, such as one hundred dollars, such a iouiaes or such a horse. It is uncertain when the description is not that of one individual object, but designates only the kind, such as some corn, some wine, a horse. Louis. code, art.
3522, No. 8; 5 Co. 121.
If a contract be so vague in its terms, that its meaning cannot be certainly collected, and the statute of frauds preclude the admissibility of parol evidence to clear up the difficulty, 5 Barn. & Cr. 583; S.C. 12 Eng. Com. L. R. 327; or the parol evidence will not supply the defect, then neither at law, nor in equity, can effect be given to it.
1 Russ. & M. 116; 1 ‘Ch. Pr. 123.: