Brief Fact Summary. Plaintiff brought suit herein to recover his broker’s fees, based on the fact that he had communicated Defendant’s offer to his client, and had received an acceptance, before Defendant revoked its offer.
Synopsis of Rule of Law. This case stands for the proposition that an offer may not be revocable after performance has begun.
Whether plaintiff partially performed is a question of fact to be determined by the trial court.View Full Point of Law
Issue. The underlying issue in this case is whether partial performance, rendered pursuant to an offer, has the effect of creating a binding agreement.
Held. Reversed and Remanded.
The court found that partial performance in response to an offer could render a contract enforceable. The caveat is that what constitutes partial performance is a question of fact and could vary from case to case. Consistent with this opinion, the case was remanded for a factual determination.
Discussion. When considering whether an action has been done in furtherance of a contract, partial performance must be taken into consideration based on all relevant facts.