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| {{Infobox Case Brief
| | ''Marchiondo v. Scheck'', 78 N.M. 440 (1967). |
| |court=New Mexico Supreme Court
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| |citation=432 P.2d 405
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| |date=October 2, 1967
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| |subject=Contracts
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| |other_subjects=Property
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| |facts=*Marchiondo = a real estate broker = plaintiff = offeree
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| *Scheck = property seller = defendant = offeror
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| *Seller (Scheck) agreed to pay Plaintiff (Marchiondo) a % to sell a house, with the offer open for 6 days.
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| *On day 6, Scheck found another buyer & sold to him, while Marchiondo found a buyer that same day.
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| *Scheck refused to pay a commission to Marchiondo.
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| *
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| |procedural_history=* Marchiondo sued Scheck in state court in New Mexico claiming breach of contract.
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| * Marchiondo lost.
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| |issues=May an offeror revoke an offer for a [https://www.quimbee.com/keyterms/unilateral-contract unilateral contract] if the offeree completes partial performance?
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| Can Defendant (Scheck) rescind the offer to Plaintiff (Marchiondo)?
| | '''Facts''': Seller agreed to pay Plaintiff a percentage to sell a house, with the offer open for 6 days. On day 6, Defendant found another buyer and sold to him, while Plaintiff found a buyer that same day. |
| |holding=No. Partial performance of a unilateral contract by the offeree results in a contract that requires full performance by the offeror (Scheck).
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| | '''Issue''': Can Defendant rescind the offer to Plaintiff? |
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| No. Plaintiff had partially performed, which left the unilateral offer open for a reasonable time. | | '''Holding''': No. Plaintiff had partially performed, which left the unilateral offer open for a reasonable time. |
| |judgment=Reversed & remanded for the determination of partial performance
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| |reasons=Judge Wood: The broker's partial performance eliminates the principal's right to revoke the agency.
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| Marchiondo received the revocation of the offer after the broker found a buyer.
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| |rule=A unilateral offer must be left open for a reasonable time once offeree has begun performance.
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| |case_text_links={{Infobox Case Brief/Case Text Link
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| |link=https://www.quimbee.com/cases/marchiondo-v-scheck
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| |source_type=Video summary
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| |case_text_source=Quimbee
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| }}{{Infobox Case Brief/Case Text Link
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| |link=https://law.justia.com/cases/new-mexico/supreme-court/1967/8288-0.html
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| |case_text_source=Justia
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| }}{{Infobox Case Brief/Case Text Link
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| |link=https://casetext.com/case/marchiondo-v-scheck
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| |case_text_source=CaseText
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| }}
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| |case_videos={{Infobox Case Brief/Case Video
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| |service=YouTube
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| |id=lYm04teu0qU
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| }}
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| }}
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| ''Marchiondo v. Scheck'', 78 N.M. 440 (1967).
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| | '''Rule''': A unilateral offer must be left open for a reasonable time once offeree has begun performance. |
| [[Category:Cases:Contracts]] | | [[Category:Cases:Contracts]] |