Marchiondo v. Scheck: Difference between revisions

Revision as of 11:54, December 4, 2023

Marchiondo = a real estate broker = plaintiff
Scheck = property seller = defendant
Seller (Scheck) agreed to pay Plaintiff (Marchiondo) a % to sell a house, with the offer open for 6 days.
On day 6, Scheck found another buyer & sold to him, while Marchiondo found a buyer that same day.

Can Defendant (Scheck) rescind the offer to Plaintiff (Marchiondo)?

No. Plaintiff had partially performed, which left the unilateral offer open for a reasonable time.

A unilateral offer must be left open for a reasonable time once offeree has begun performance.

Marchiondo v. Scheck, 78 N.M. 440 (1967).

@@ Line 4: / Line 4: @@
 |date=October 2, 1967
 |subject=Contracts
-|facts=* Seller agreed to pay Plaintiff a percentage to sell a house, with the offer open for 6 days.
+|other_subjects=Property
-* On day 6, Defendant found another buyer and sold to him, while Plaintiff found a buyer that same day.
+|facts=*Marchiondo = a real estate broker = plaintiff
+*Scheck = property seller = defendant
+*Seller (Scheck) agreed to pay Plaintiff (Marchiondo) a % to sell a house, with the offer open for 6 days.
+*On day 6, Scheck  found another buyer & sold to him, while Marchiondo found a buyer that same day.
+|issues=Can Defendant (Scheck) rescind the offer to Plaintiff (Marchiondo)?
+|holding=No. Plaintiff had partially performed, which left the unilateral offer open for a reasonable time.
+|rule=A unilateral offer must be left open for a reasonable time once offeree has begun performance.
 |case_text_links={{Infobox Case Brief/Case Text Link
 |link=https://www.quimbee.com/cases/marchiondo-v-scheck
@@ Line 25: / Line 31: @@
-'''Issue''': Can Defendant rescind the offer to Plaintiff?
-'''Holding''': No. Plaintiff had partially performed, which left the unilateral offer open for a reasonable time.
-'''Rule''': A unilateral offer must be left open for a reasonable time once offeree has begun performance.
 [[Category:Cases:Contracts]]