VOHS V. DONOVAN
777 N.W.2d 915 (2009)
NATURE OF THE CASE: Vohs (P) appealed a summary judgment in favor of Donovan (D) in that
the contract was both indefinite and illusory.
FACTS: D signed an offer to purchase P's home for the sum of $550,000. The offer included
a contingency providing that the 'offer is subject to sellers obtaining home of their choice
on or before Feb. 20, 2007.' P accepted the offer. As of February 18, 2007, they had a
pending counteroffer to purchase another home. That counteroffer contained a provision that
it had to be accepted on or before February 19, 2007. On February 19, the counteroffer was
accepted and P's broker communicated this to D. D did not follow through with the purchase
of P's home. P sold this home to another buyer for less money. P sued alleging for breach of
contract and requesting judgment in the amount of $50,000, plus costs and attorney fees. D
filed a motion for summary judgment on the grounds that the contingency made the contract
indefinite and illusory and therefore unenforceable. The circuit court granted summary
judgment in favor D and P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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