Commercial Law Keyed to Lopucki
McIntyre v. Harris
Appellant referred Sandra Bennett to Ray Archie for repairs to her roof. Appellant told Sandra Bennett that in order to complete the job it was necessary for her to give Ray Archie $2,000 but if the repairs were not completed by a certain date, she could cash Appellant’s check for $2,000. The work was not completed and Sandra Bennett cashed the Appellant’s check. Appellant admitted the work had not been completed yet he ordered Appellees to stop payment on the check. Appellees erroneously paid out on Appellant’s check over his stop payment order. Appellant met with Appellees and told them the withdrawal would cause his account to be overdrawn. He then signed an agreement to pay $2,000 with interest if Appellees left the $2,000 in his account. Appellant never paid on the note.
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