Marchiondo v. Scheck: Difference between revisions

Revision as of 11:45, December 4, 2023

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.

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

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.

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+{{Infobox Case Brief
+|court=New Mexico Supreme Court
+|citation=432 P.2d 405
+|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.
+* On day 6, Defendant found another buyer and sold to him, while Plaintiff found a buyer that same day.
+|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).
-'''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?