Elena must pay David. While she has a "personal defense" against Oscar for the bad wood, that defense does not work against an HDC like David. Elena must pay David and then sue Oscar separately for the lumber issues. Key Takeaways from De Leon (PDF) DE LEON Negotiable Instruments Law - Academia.edu
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De Leon breaks down the NIL into several fundamental sections, making the, at times, archaic language of the 1911 act accessible. A. Negotiation vs. Assignment Elena must pay David
It must be payable on demand, or at a fixed or determinable future time. It must be payable to order or to bearer. Key Takeaways from De Leon (PDF) DE LEON