Vohs v. Donovan

777 N.W.2d 915 (2009)

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Nature of the Case

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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.