Scheck (defendant) made a written offer to Marchiondo (plaintiff), a real estate broker, to pay commission in exchange for Marchiondo’s brokerage services in selling real estate to a prospective buyer. The offer provided a six-day time limit for acceptance. On the morning of the sixth day, Marchiondo received Scheck’s revocation of the offer. Later that day, Marchiondo obtained acceptance of the Scheck’s offer to sell real estate from the prospective buyer. Marchiondo brought suit in New Mexico state court for breach of contract, seeking the commission amount stated in Scheck’s offer. The trial court dismissed the complaint, and Marchiondo appealed.