West & Wheeler v. Longtin

Citations

• 118 Wash. 575
• 204 P. 183
• 1922 Wash. LEXIS 1217

Syllabus

<p>Parties (2) — Plaintiffs—Real Party in Interest. Where one contracting with a broker for the purchase of real estate gives a check payable to the broker as earnest money to bind the bargain, and a receipt is issued to the purchaser reciting that, in case of failure to complete the contract, the earnest money shall be forfeited to the broker to the extent of his agreed commission, the broker is entitled to bring suit on the check, as the real party in interest within Rem. Code, § 179.</p> <p>Bills and Notes (119) — Actions—Burden of Proof — Consideration. In an action on a check, there is no burden on plaintiff to show consideration for its issuance, in view of Rem. Code, §§ 3415, 3575, providing that every negotiable instrument shall be deemed to have been issued for a valuable consideration, and that the provisions of the negotiable instruments act governing bills of exchange apply to checks.</p>