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Which of the following was the result in the case of McLellan v . Charly ( Case Nugget ) that dealt with a piece of
Which of the following was the result in the case of McLellan v Charly Case Nugget that dealt with a piece of property in which an Option to Purchase Agreement was at issue on a piece of property located between the University of Wisconsin and the Wisconsin National Primate Research Center?
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The Court determined that there was sufficient evidence to show that the parties had an Option to Purchase Agreement and that Charly had to allow McLellan to purchase the property per their agreement.
The Court determined that in order to make an option a binding contract, consideration is required separate from the sale and allowed Charly to revoke his option for lack of consideration.
The Court determined that option clauses in real estate contracts are illusory in nature and not enforceable.
The Court determined that leaseback and repurchase provisions are adequate consideration and were found through the evidence to be in the contract and Charly had to allow McLellan to exercise his option.
That because the Courts do not look into adequacy of consideration, the promise of an Option to Purchase Agreement is sufficient consideration forcing Charly to allow McLellan to exercise his option.
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