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On February 14, 1990, the Christophers signed a promissory
note obligating them to repay the $6,000 to petitioners, at ten
percent interest, in monthly payments of $127.49. On February 9,
1990, the Christophers became the owners of Main Street Floral.
The Christophers allowed petitioners to place some candy on
consignment at their flower shop.
Petitioners felt that Main Street Floral was not prospering
during 1990. They visited the flower shop several times during
1990, and on each visit they noticed very few customers and very
little inventory in the shop. Although the Christophers sold the
candy petitioners placed on consignment at the flower shop, they
told them that they could not pay them their share of the
proceeds from the sales.
Petitioners received three checks from the Christophers
during 1990, which represented four of the monthly payments
required under the terms of the promissory note. However, Mrs.
Christopher requested that the checks not be cashed.
Nonetheless, in November 1990, petitioners took the checks to the
bank to cash them, but were told by the bank teller that the
Christophers did not have enough money in their account to cover
the checks, and that petitioners should not attempt to cash them.
In addition, petitioners heard rumors that the Christophers were
experiencing financial problems and had sought help through
various local charities. After 1990, petitioners learned that
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