Pied Piper Yacht Charters Corp. v. Corbel

Mr. PRESIDING JUSTICE SULLIVAN

delivered the opinion of the court:

Judgment was entered on the pleadings against defendants, Wheaton Health Resort, Inc. and Jane Corbel, its president, for $10,000 and costs. They appeal contending their answer raised material questions of fact.

Plaintiff, desirous of purchasing defendants’ property and as a deposit therefore, issued an earnest money check on July 28, 1971, for $10,000, naming defendant, Jane Corbel, as payee. The back of the check, by way of a restrictive endorsement, contained the following condition:

“This check to be held by payee as a deposit…