Question
Horn Audio purchased some audio components from Samuels Sounds. The high-quality audio components were to be used by Horn in its expensive customized sound system
Horn Audio purchased some audio components from Samuels Sounds. The high-quality audio components were to be used by Horn in its expensive customized sound system to be sold to its customers. Samuels fraudulently substituted a large number of reconditioned audio components for the new ones that Horn was shown and believed he had purchased. In payment of the purchase, Horn executed and delivered the following instrument to Samuels:
January 9, 2020
"For Value Received, Horn Audio promises to pay Three Thousand Dollars ($3,000) to the order of Samuels Sounds, on February 1, 2020.
Note: payment shall be made only subject to receiving proceeds from the resale of the audio components this day purchased from Samuels Sounds and used as major components in the customized sound systems sold to our customers."
/s/ John Horn, Horn Audio
On February 2nd, Samuels Sounds transferred the instrument to Wilmont for $2,550 by signing his name (/s/ Samuels Sounds) on the back of the instrument and delivering it to Wilmont. Wilmont had no knowledge of the fraudulent substitution of the audio components by Samuels Sounds. On February 10th, Wilmont presented the instrument to Horn Audio for payment. Horn refused to pay the instrument. Furthermore, Horn stated that all the audio components were returned to Samuels Sounds immediately upon discovery of the facts. Wilmont commenced legal action against Horn on the instrument.
s this a negotiable instrument? Explain
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