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  • Board of Control of Eastern Michigan Univers…Board of Control of Eastern Michigan University v. Burgess
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Board of Control of Eastern Michigan University v. Burgess

Court of Appeals of Michigan
45 Mich.App. 183, 206 N.W.2d 256 (1973)


The Board of Control of Eastern Michigan University (the Board) (plaintiff) and Burgess (defendant) were involved in negotiations to sell Burgess’ home to the Board. The parties considered a contract granting the Board a 60-day option to purchase the home. Burgess then signed a document providing for this option agreement, which acknowledged receipt of one dollar and other valuable consideration. However, no consideration was provided. The Board later notified Burgess that it intended to exercise this option, but Burgess refused to sell the home. The Board then sued Burgess, requesting that the trial court grant specific performance. At trial, Burgess claimed that the lack of consideration rendered the option contract unenforceable, and that he had revoked the offer prior to acceptance. The trial court, however, entered judgment for the plaintiff, ruling that because Burgess had acknowledged receipt of consideration in signing the option agreement, he could not later allege a lack of consideration to void the contract. Burgess appealed.

Rule of Law


Holding and Reasoning (Burns, J.)

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