Sandra and Thomas McGuire entered into a purchase-and-sale agreement for Beccas Boutique with Pascal and Rebecca Tursi.

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Sandra and Thomas McGuire entered into a purchase-and-sale agreement for “Becca’s Boutique” with Pascal and Rebecca Tursi. The agreement provided that the McGuires would buy the store for \($75,000,\) with a down payment of \($10,000\) and the balance of \($65,000\) to be paid at closing on October 5, 2015. The settlement clause stated that the sale was contingent upon the McGuires obtaining a Small Business Administration loan of \($65,000.\) On September 4, 2015, Mrs. McGuire signed a promissory note in which the McGuires promised to pay to the order of the Tursis and the Green Mountain Inn the sum of \($65,000.\) The note specified that interest payments of \($541.66\) would become due and payable on the fifth days of October, November, and December 2015. The entire balance of the note, with interest, would become due and payable at the option of the holder if any installment of interest was not paid according to that schedule.

The Tursis had for several months been negotiating with Parker Perry for the purchase of the Green Mountain Inn in Stowe, Vermont. On September 7, 2015, the Tursis delivered to Perry a \($65,000\) promissory note payable to the order of Green Mountain Inn, Inc. This note was secured by transfer to the Green Mountain Inn of the McGuires’ note to the Tursis. Subsequently, Mrs. McGuire learned that her Small Business Administration loan had been disapproved. On December 5, 2015, the Tursis defaulted on their promissory note to the Green Mountain Inn. On June 11, 2016, PP, Inc., formerly Green Mountain Inn, Inc., brought an action against the McGuires to recover on the note held as security for the Tursis’ promissory note. Discuss whether the instrument is negotiable.

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Business Law And The Regulation Of Business

ISBN: 9781305509559

12th Edition

Authors: Richard A. Mann, Barry S. Roberts

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