DBA Enterprises, Inc. v. Findlay
Colorado Court of Appeals
28 U.C.C. Rep. Serv. 2d 1297 (1996)
Relevant factsFree
The Findlays (defendants) sold their lawn business to DBA (plaintiff) partly via a promissory note expressly conditioned on the Findlays' compliance with a non-compete covenant in the sale's bill of sale; after DBA believed the Findlays violated the covenant through their other lawn-maintenance business, DBA stopped paying on the note, and the Findlays counterclaimed to enforce it. The trial court found DBA liable for breach of contract but dismissed the Findlays' counterclaim, finding they failed to establish a prima facie case; the Findlays appealed.
IssueFree
Whether, under the Uniform Commercial Code, a promissory note containing conditional terms is a negotiable instrument.
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