155498 - North American Brokers v Howell Public Schools
Attorney Information
North American Brokers,
LLC, and Mark Ratliff,
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Richard E. Shaw
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Plaintiffs-Appellees,
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v
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(Appeal from Ct of Appeals)
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(Livingston – Hatty, M.)
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Howell Public Schools,
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Stacy J. Belisle
Thomas J. McGraw
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Defendant-Appellant,
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and
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St. John Providence,
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Defendant.
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Order Link
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Summary
Page Content
Plaintiffs, a real estate agent and real estate
broker, filed suit against defendant Howell Public Schools, alleging that they
had engaged a buyer to purchase property owned by the school district but
received no broker commission for the sale. The school district moved for
summary disposition, arguing that the statute of frauds barred plaintiffs’
claims. Plaintiffs responded by relying on the promise conveyed by the “broker
protected” sign on the property and oral communications with defendants. The
trial court granted summary disposition to the school district on grounds that
the statute of frauds barred plaintiffs’ claims. In an unpublished opinion, the
Court of Appeals reversed, holding that promissory estoppel remains an
exception to the statute of frauds and remanding for further proceedings. The
Court of Appeals explained that it was compelled to reach this result by
binding precedent, opined that it was the wrong result, and urged the Supreme
Court to grant leave to appeal to address the issue. The Supreme Court has
ordered oral argument on the school district’s application for leave to appeal
to address whether promissory estoppel is an exception to the statute of
frauds. MCL 566.132.