29. Agreements void for uncertainty .– Agreements, the meaning of which is not certain, or capable of being made certain, are void. Illustrations (a) A agrees to sell to B "a hundred tons of oil ". There is nothing whatever to show what kind of oil was intended. The agreement is void for uncertainty. (b) A agrees to sell to B one hundred tons of oil of a specified' description, known as an article of commerce. There is no uncertainty here to make the agreement void. (c) A, who is a dealer in cocoanut-oil only, agrees to sell to B "one hundred. tons of oil". The nature of A's trade affords an indication of the meaning of the words, and A has entered into a contract for the sale of one hundred tons of cocoanut-oil. (d) A agrees to sell to B "all the grain in my granary at Ramnagar". There is no uncertainty here to make the agreement void. (e) A agrees to sell B "one thousand maunds of rice at a price to be fixed by C ". As the price is capable of being made certain, there is no uncertainty here to make the agreement void. (f) A agrees to sell to B " my white horse for rupees five hundred or rupees one thousand". 'There I is nothing to show which of the two prices was to be given. The agreement is void. |