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