Wagner v. Marcus

Opinion by

M[r. Justice Schaefer,

Plaintiff delivered his check to defendant for $5,000 in pursuance of the latter’s agreement in writing as follows:

“Scranton, Nov. 20/23.

“Received check of $5000.00 on County Savings Bank (No. 3958) which I agree to use to purchase all the rights, titles and interests of L. D. Smith & Harry Decker and W. L. Hill in the Spring Brook Sand Co. Should such interest be impossible to acquire, I agree to surrender said check to the drawer, N. Wagner, within 30 days.

“Adolph Marcus.”

Defendant cashed the check, which was drawn to his order as attorney-in-fact and had…