Gunn contracted to sell Tak, a broker from Hong Kong, 60,000 metric tons of UREA, a fertilizer,

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Gunn contracted to sell Tak, a broker from Hong Kong, 60,000 metric tons of UREA, a fertilizer, at $400 a ton. In connection with this $24 million sale, Gunn entered into another contract agreeing to pay Tak a commission for all Tak’s sales of the fertilizer. After 10,000 tons of UREA had been sold, paid for, and delivered, Gunn bought and delivered to Tak a cashier’s check from the Empire Bank of Springfield for $150,000 payable to Tak’s order. Shortly after, Gunn learned that the balance of the order for the remaining 50,000 tons of UREA had been canceled by Tak. Consequently, Gunn went to court and obtained an injunction from the court to the bank to stop payment on the cashier’s check. Shortly after the court acted, the cashier’s check was transferred by Tak to Lai, who now claims the right to collect the face amount. Should the court order the bank to honor the stop-payment order, or must the bank pay Lai the face amount of the check? (Lai v. Powell, Judge, 536 S.W.2d 14)

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