FAIRWAY CONSTRUCTION CO V MAMIE MCCIER
Annotate this Case
Download PDF
STATE OF MICHIGAN
COURT OF APPEALS
FAIRWAY CONSTRUCTION COMPANY,
UNPUBLISHED
April 21, 2000
Plaintiff-Appellee,
v
No. 207794
Oakland Circuit Court
LC No. 96-529101-CK
MAMIE McCIER,
Defendant-Appellant,
and
JAMES McCIER, FEDERAL HOME LOAN
MORTGAGE CORPORATION and
COUNTRYWIDE HOME LOANS, INC.,
Defendants.
Before: Gribbs, P.J., and Doctoroff and T.L. Ludington*, JJ.
MEMORANDUM.
Defendant Mamie McCier appeals as of right the order granting plaintiff’s motion for directed
verdict in this breach of contract action. We affirm. This appeal is being decided without oral argument
pursuant to MCR 7.214(E).
Defendant signed a contract with plaintiff for a remodeling project on her home. The contract
contained a condition stating that plaintiff would assist her in obtaining financing, and that the contract
would be void if the terms of the financing were unacceptable. On the same day that she signed the
contract, defendant also completed an application for financing, which was approved. Shortly thereafter
the parties signed a change order indicating that the homeowner approves of bank financing for
$63,262.00, with $55,262 going to plaintiff, and $8,000 to defendant.
* Circuit judge, sitting on the Court of Appeals by assignment.
-1
Defendant objected when plaintiff began work on this project, and plaintiff filed this action for
breach of contract and quantum meruit, and to foreclose a construction lien. Plaintiff’s claims were
satisfied by the lien, and defendant’s counterclaim for breach of contract proceeded to trial. After
defendant rested, the court granted plaintiff’s motion for directed verdict.
In deciding a motion for directed verdict, the court must examine all the evidence presented to
determine whether a question of fact exists. The testimony and all legitimate inferences are viewed in a
light most favorable to the nonmoving party. If the evidence and reasonable inferences create a prima
facie case, the court must deny the motion. Auto Club Ins Ass’n v General Motors Corp, 217 Mich
App 594, 603-604; 552 NW2d 523 (1996).
Defendant failed to offer any evidence that would allow the court to find a question of fact
regarding a breach of contract. The original contract allowed defendant to void the contract if
acceptable financing was not secured. The change order indicates that defendant approved the
financing. Once financing was approved, there was no basis for defendant to declare the contract void.
The trial court properly granted a directed verdict.
Affirmed.
/s/ Roman S. Gribbs
/s/ Martin M. Doctoroff
/s/ Thomas L. Ludington
-2
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
