Marchiondo v. Scheck: Difference between revisions
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*Seller (Scheck) agreed to pay Plaintiff (Marchiondo) a % to sell a house, with the offer open for 6 days. | *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. | *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)? | *Scheck refused to pay a commission to Marchiondo. | ||
* | |||
|procedural_history=* Marchiondo sued Scheck in state court in New Mexico claiming breach of contract. | |||
* Marchiondo lost. | |||
|issues=May an offeror revoke an offer for a [https://www.quimbee.com/keyterms/unilateral-contract unilateral contract] if the offeree completes partial performance? | |||
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. | |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. | |rule=A unilateral offer must be left open for a reasonable time once offeree has begun performance. | ||
Revision as of 16:18, December 4, 2023
| Marchiondo v. Scheck | |
| Court | New Mexico Supreme Court |
|---|---|
| Citation | 432 P.2d 405 |
| Date decided | October 2, 1967 |
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.
- Scheck refused to pay a commission to Marchiondo.
Procedural History
- Marchiondo sued Scheck in state court in New Mexico claiming breach of contract.
- Marchiondo lost.
Issues
May an offeror revoke an offer for a unilateral contract if the offeree completes partial performance?
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.
Resources
Marchiondo v. Scheck, 78 N.M. 440 (1967).
