Pete and Martha agreed to sell Acme Foods to Dave and Mary f…

Pete and Martha agreed to sell Acme Foods to Dave and Mary for $150,000.  The deal included a truck, a trailer, freezers, roasters, chairs, signs and lighting.  Dave and Mary paid $10K down with the balance to come from a bank loan. They took possession of the equipment and began to use them in the business immediately.  After six events, Dave and Mary wanted out of the deal because the business did not generate as much income as they expected.   Pete and Martha sued claiming Dave and Mary could no longer reject the goods under the UCC. A court could find that this was a sale of goods under the UCC under the predominant-factor test. The facts can show the primary value of the contract was in the goods and not the value of the business.  

Indicators that tell whether a writing is a negotaible instr…

Indicators that tell whether a writing is a negotaible instrument or just a check are the writing states a “payable to ‘order’ or to ‘bearer’ (must have some language like “order” or “assign” or “bearer”); signed by the maker or drawer; and reciting a “sum certain.”