HERLEY, INC., APPELLANT, v. HARSCH ET AL., APPELLEES, 61 Ohio App. 260

Summary

The tenant filed an action for specific performance of a lease against the property owners. The property owner contended that the contract was so incomplete and indefinite as to material terms that specific performance of it could not have been decreed. The tenant claimed that the customary form of the lease was the one drafted and approved by the Toledo Real Estate Board and presented much evidence to indicate that the form so approved was used extensively in Toledo. The court found that there was equally voluminous evidence that the form of lease used for such property by many of the largest real estate offices and by many attorneys differed materially from the form of that board. The court found that given the indefiniteness of the contract and the inability of the owner to perform it, specific performance could not have been decreed and the petition would have been dismissed at the costs of plaintiff.