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5. Julio signed and delivered to Santiago a negotiable promissory note in the amount of $100,000 in exchange for Santiago agreeing to sell and deliver
5. Julio signed and delivered to Santiago a negotiable promissory note in the amount of $100,000 in exchange for Santiago agreeing to sell and deliver to Julio a complete commercial mobile cantina (food truck) to be used by Julio in a business. Julio had been looking at the mobile cantina on the internet site set up by Santiago reasonably believing Santiago was an authorized dealer for the manufacturer of the mobile cantinas. Santiago, however, had no affiliation with the manufacturer. Julio gave the $100,000 promissory note to Santiago before delivery of the vehicle. After receiving the note, Santiago did not deliver the mobile cantina. He did, however, indorse the note to Jomar and gave it to Jomar to pay and satisfy a $95,000 debt Santiago owed to Jomar. When Jomar presented the note to Julio and demanded payment of the $100,000, Julio refused to pay claiming fraud and failure of consideration by Santiago. Is Julio liable to pay the $100,000 promissory note to Jomar? Why or why not? Explain the legal basis for the response. Would it make a difference if Julio intended to use the cantina for personal use (e.g., tailgating)? Why or why not
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