Ed's car broke down on a dark, rainy night. Along came Bev in her service station's four-wheel drive truck with tools and supplies in the back. Ed didn't have any credit cards and only $3.25 cash, so Bev told him to write a check or an IOU. Neither Bev nor Ed had any paper, so Ed wrote on the cover of Bev's magazine: "If my car is fixed right by Bev Brady, I will pay her $150. (Signed) Ed Wasner." Bev indorses the note and takes it to a commercial bank for negotiation. The bank refuses, saying it is non-negotiable because it: a. is conditional on satisfactory repair of the car. b. is written on a lunchbox. c. mentions the existence of a contract to repair the car. d. None of these are correct.

Alandowner entered into a written agreement with a real estate broker whereby the broker would receive a commission of 10% of the sale price if he procured a "ready, willing, and able buyer" for the landowner's property and if the sale actually proceeded through closing. the broker found a buyer who agreed in writing to buy the property from the landowner for $100,000, the landowner's asking price. the buyer put up $6,000 as a down payment. the agreement between the landowner and the buyer contained a liquidated damages clause providing that, if the buyer defaulted by failing to tender the balance due of $94,000 at the closing date, damages would be 10% of the purchase price. the landowner included that clause because she was counting on using the proceeds of the sale for a business venture that would likely net her at least $10,000. the buyer became seriously ill and defaulted. when he recovered, he demanded that the landowner return his $6,000, and the landowner refused. the broker also demanded the $6,000 from the landowner and was refused. the broker and the buyer filed separate suits against the landowner, with the buyer pleading impossibility of performance. the two cases are consolidated into a single case. how should the court rule as to the disposition of the $6,000?