Marchiondo v. Scheck

OPINION

WOOD, Judge, Court of Appeals.

The issue is whether the offeror had a right to revoke his offer to enter a unilateral contract.

Defendant, in writing, offered to sell real estate to a specified prospective buyer and agreed to pay a percentage of the sales price as a commission to the broker. The offer fixed a six-day time limit for acceptance. Defendant, in writing, revoked the offer. The revocation was received by the broker on the morning of the sixth day. Later that day, the broker obtained the of-feree’s acceptance.

Plaintiff, the broker, claiming breach of contract, sued defendant…