Marchiondo v. Scheck

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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?

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.