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Bank of New York Mellon v. Jaafar

Supreme Court of Michigan

July 2, 2015

BANK OF NEW YORK MELLON, f/k/a BANK OF NEW YORK, as Trustee for the Certificate Holders of CWABS, INC., ASSET-BACKED CERTIFICATES SERIES 2003-3, Plaintiff-Appellant,
v.
JAAFAR K. JAAFAR and BADIA JAAFAR, Defendants-Appellees

COA: 316521. Wayne CC: 11-008424-CH.

Robert P. Young, Jr., Chief Justice. Stephen J. Markman, Mary Beth Kelly, Brian K. Zahra, Bridget M. McCormack, David F. Viviano, Richard H. Bernstein, Justices.

ORDER

On order of the Court, the application for leave to appeal the December 23, 2014 judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we REVERSE the judgment of the Court of Appeals.

An offer " is the manifestation of willingness to enter into a bargain, so made as to justify another person in understanding that his assent to that bargain is invited and will conclude it." See Eerdmans v Maki, 226 Mich.App. 360, 364; 573 N.W.2d 329 (1997). Here, and contrary to the judgment of the Court of Appeals, the January 20, 2012 e-mail from plaintiff's counsel to defendants' counsel did not constitute an offer to settle this case. Instead, this e-mail inquired whether defendants would present an offer at some point in the future, which they did, through a subsequent e-mail by their counsel. Defendants' counsel confirmed that this subsequent e-mail was an offer by later inquiring whether plaintiff had accepted their offer. For these reasons, and for the reasons stated by the Court of Appeals' dissenting opinion, no enforceable settlement agreement existed to bind the parties in this case. We REMAND this case to

Page 40

the Wayne Circuit Court for further proceedings not inconsistent with this order.

We do not retain jurisdiction.


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