Contracts Keyed to Murphy
Marchiondo v. Scheck
The Defendant, Scheck (Defendant), made a written offer to sell property to a prospective buyer and to pay a commission to the broker of the sale. When he made the offer, the Defendant gave a six-day time period for acceptance. Before the sixth day, Defendant revoked his offer in writing. However, the Plaintiff, Marchiondo (Plaintiff), had already begun to perform on Defendant’s offer, by communicating the offer to its clients, who accepted Defendants offer on the same day it attempted to revoke said offer. Plaintiff brought suit herein to recover his broker’s fees, based on performance he rendered in reliance of Defendant’s offer. The trial court dismissed the matter, stating Plaintiff had not performed, based on the theory that a principal has a right to revoke a broker’s agency any time before the broker procures a purchaser. The Plaintiff appealed, based on the theory of partial performance.
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