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 (plaintiff) negotiated to buy Burgess's (defendant) home and signed him to a document giving the Board a 60-day option to purchase, which recited receipt of one dollar and other consideration — though no consideration was actually paid. When the Board later tried to exercise the option, Burgess refused to sell, arguing the option was unenforceable for lack of consideration and that he had revoked his offer before the Board accepted. The trial court ruled that Burgess's acknowledgment of consideration in the signed document barred him from later denying he received any, and ordered specific performance. Burgess appealed.
Whether a lack of consideration renders a contract unenforceable even where the party seeking to avoid the contract acknowledged receiving consideration in the contract itself.