Marchiondo v. Scheck: Difference between revisions
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|subject=Contracts | |subject=Contracts | ||
|other_subjects=Property | |other_subjects=Property | ||
|facts=*Marchiondo = a real estate broker = plaintiff | |facts=*Marchiondo = a real estate broker = plaintiff = offeree | ||
*Scheck = property seller = defendant | *Scheck = property seller = defendant = offeror | ||
*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. | ||
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Can Defendant (Scheck) rescind the offer to Plaintiff (Marchiondo)? | 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. Partial performance of a unilateral contract by the offeree results in a contract that requires full performance by the offeror (Scheck). | ||
No. Plaintiff had partially performed, which left the unilateral offer open for a reasonable time. | |||
|judgment=Reversed & remanded for the determination of partial performance | |||
|reasons=Judge Wood: The broker's partial performance eliminates the principal's right to revoke the agency. | |||
Marchiondo received the revocation of the offer after the broker found a buyer. | |||
|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. | ||
|case_text_links={{Infobox Case Brief/Case Text Link | |case_text_links={{Infobox Case Brief/Case Text Link | ||
Latest revision as of 16:25, 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 = offeree
- Scheck = property seller = defendant = offeror
- 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. Partial performance of a unilateral contract by the offeree results in a contract that requires full performance by the offeror (Scheck).
Judgment
Reversed & remanded for the determination of partial performance
Reasons
Judge Wood: The broker's partial performance eliminates the principal's right to revoke the agency.
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).
