Summary of Facts and Circumstances
The Midwestern:: Contemporary Art (MCA) Museum is one of the nation’s largest facilities devoted to modern art, opening its doors to Great Lakes in 1967. The MCA bought its first building, a three story townhouse, in 1977. In January of 1989, the MCA board hired Keith Schmidt as executive director. In April of 1989, a man with the name of Peter Smith began his chairmanship at MCA, after already being on the board since 1981.
Peter Smith and Keith Schmidt often had intense debates at board meetings. Most of their arguments had to deal with the speed of MCA’s expansion, which was pushed by Schmidt. Smith had a more conservative approach to the situation and did not approve of the rapid…show more content… The Association’s claim was denied, and on appeal, the Association said that “Mr. Timko’s promise to pay the unpaid balance of the cost of the building constituted a valid enforceable claim against his estate under either the doctrine of mutual promises or in the alternative under the concept of promissory estoppel.” However, there were no other promises from which Timko relied as consideration for his promise concerning the building; therefore the only thing they could base anything on would be promissory estoppel. Promissory estoppel is used where, although there may not otherwise be an enforceable contract, because one party has relied on the promise of the other, it would be unfair not to enforce the agreement.
Peter Smith had been involved with MCA since 1980, and his intent along with his wife was to donate more money than they had before he was on the board to make MCA a better museum with a facility larger that a three-story townhouse. He had a dream for MCA, to make it something more than it was. He was passionate about art, and devoted more time to managing the MCA with the hope that his business expertise could make MCA a more nationally prominent museum. Not only was he a former donor, and pledging to donate $5 million more, he was chairman of the board. He wasn’t some ordinary outside money donor that just wanted to give the MCA money; he donated more than his paintings and money. He devoted his time and effort, and set goals to