Marchiondo v. Scheck: Difference between revisions

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(Created page with "''Marchiondo v. Scheck'', 78 N.M. 440 (1967). '''Facts''': Seller agreed to pay Plaintiff a percentage to sell a house, with the offer open for 6 days. On day 6, Defendant found...")
 
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''Marchiondo v. Scheck'', 78 N.M. 440 (1967).
{{Infobox Case Brief
|court=New Mexico Supreme Court
|citation=432 P.2d 405
|date=October 2, 1967
|subject=Contracts
|other_subjects=Property
|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 [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. 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.


'''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.


'''Issue''': Can Defendant rescind the offer to Plaintiff?
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.
|case_text_links={{Infobox Case Brief/Case Text Link
|link=https://www.quimbee.com/cases/marchiondo-v-scheck
|source_type=Video summary
|case_text_source=Quimbee
}}{{Infobox Case Brief/Case Text Link
|link=https://law.justia.com/cases/new-mexico/supreme-court/1967/8288-0.html
|case_text_source=Justia
}}{{Infobox Case Brief/Case Text Link
|link=https://casetext.com/case/marchiondo-v-scheck
|case_text_source=CaseText
}}
|case_videos={{Infobox Case Brief/Case Video
|service=YouTube
|id=lYm04teu0qU
}}
}}
''Marchiondo v. Scheck'', 78 N.M. 440 (1967).


'''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]]
[[Category:Cases:Contracts]]

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).


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.

Resources


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

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