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 = 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).
