CERTAINTY. In Contracts. Dis tinctness and accuracy of statement.
A thing is certain when its essence, quality, and quantity are described, distinctly set forth, etc. Dig. 12. 1. 8. It is uncertain when the descrip tion is not that of an individual object, but desig nates only the kind. La. Civ. Code, art. 3522, no. 8; 5 Coke, 121.
2. if a contract be so vague in its terms that its meaning cannot be certainly col lected, and the statute of frauds preclude tho admissibility of parol evidence to clear up the difficulty, 5 Barnew. & C. 583, or parol evidence cannot supply the defect, then nei ther at law nor in equity can effect be given to it. 1 Russ. & M. 116 ; 1 Chanc. Pract. 123.
It is a maxim of law, that that is certain which may be made certain : cerium est quod cerium reddi potest. Coke, Litt. 43. For example, when a man sells the oil he has in his store at so much a gallon, although there is uncertainty as to the quantity of oil, yet, inasmuch as it can he ascertained, the maxim applies, and the sale is good. See, generally, Story, Eq. N 240-256 ; Mitibrd, Eq. Pl. Jere my ed. 41; Cooper, Eq. Plead. 5; Wigram, Disc. 77.
In Pleading. Such clearness and dis tinctness of statement of the facts which con stitute the cause of action or ground of defence that they may be understood by the party who is to answer them, by the jury who are to ascertain the truth Of the allegations, and by the court who are to give the judgment. Cowp. 682 ; Hob. 295 ; 13 East, 107. 2 Boa. & P. 267 • Coke, Littleton, 303 ; Comyns, Dig. Pleader, c. 17.
3. Certainty to a common intent is at tained by a form of statement in which words axe used in their ordinary meaning, though by argument or inference they may be made to bear a different one. See TB. Blackst. 530.
Certainty to a certain intent in general is attained when the meaning of the statute may be understood upon a fair and reasona ble construction, without recurrence to possi ble facts which do not appear. 1 Wms.
Saund. 49 ; 9 Johns...N. Y. 317; 5 Conn. 423, Certainty to a certain intent in particular is attained by that technical accuracy of state ment which precludes all argument, infer ence, and presumption against the party pleading. When this certainty is required, the party must not only state the facts of his case in the most precise way, hut add to them such as show that they are not to be controverted, and, as it were, anticipate the case of his adversary. Lawes, Plead. 54,55.
4, The last description of certainty is re quired in estoppels, Coke, Litt. 303; 2 II. Blackst. 530; Dougl. 159; and in pleas which are not favored in law, as alien enemy. 8 Term, 167 ; 6 Binn. Penn. 247. See 10 Johns. N. Y. 70 ; 1 Rand. Va. 270. With respect to an indictment, it is laid down that "an indictment ought to be certain to eveiy intent, and without any intendment to the contrary," Croke, Eliz. 490; and the charge contained in it must be sufficiently explicit i to support itself; for no latitude of intention can be allowed to include any thing more than is expressed. 2 Burr. 11:L7.
These decisions, which have been adopted from Lord Coke, have been subjected to se vere criticism, but are of some utility in drawing attention to the different degrees of exactness and fulness of statement required in different instances. Less certainty is re quired where the law that the knowledge of the facts is peculiarly in the opposite party. 8 East, 85; 13 id. 112; 3 Maule & B. 14; 13 Johns. N. Y. 437.
Less certainty than would otherwise be re quisite is demanded in some cases, to avoid pro lixity of statement. 2 Wms. Saund. 117, n.1; id. 411, n. 4. See, generally, 1 Chitty, Plead.