Question
Warren promised to sell Hally's car for her, but he wanted a commission of 10%. Hally signed an instrument promising to pay Warren a 10%
Warren promised to sell Hally's car for her, but he wanted a commission of 10%. Hally signed an instrument promising to pay Warren a 10% commission if he sold her car. Warren assigned the agreement to Pete. Hally's car was sold and the buyer paid Hally. A dispute ensued between Hally and Warren regarding whether Warren found the buyer or the buyer found Hally. When Pete asked Hally for payment on the instrument, Hally refused. Warren, Hally, and Pete settled their dispute without going to court, and Hally wrote Pete a check for $3,000. Pete endorsed the check on the back, planning to take it to the bank the next day. Unfortunately, Pete lost the check and it was found by Barney, who cashed it at the local bank. Barney then left town.
2a. Is the instrument signed by Hally promising to pay Warren a 10% commission if he sold her car negotiable? Explain.
2b. What is the most likely result if Pete attempts to compel the bank to reimburse him for the value of the check cashed by Barney?
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