Hall v. Weeks

July 27, 1945, J. C. Weeks delivered to Dean Adams as payee his $4,000 check. It was drawn on an Alabama bank and contained the frontal notation, "Earnest Money on Twentieth Century Tourist Court." The reference is to a contract negotiated through Adams as agent by which Webber Hall of West Memphis, as owner of the Tourist Court, was to invest Weeks with title for $40,000, half cash and half to be represented by a series of $300 notes payable monthly.

Adams deposited the check in a Memphis bank to an "earnest money" account and the bank in due course caused it to be presented to the payer. In…