Marissa gives Larry a check made payable to cash in payment for a computer that she is buying from him. Larry then gives the check to his nephew, Gary Graduate, without indorsing it, as a graduation gift. Marissa then stops payment on the check because she claims that Larry breached the contract. When the check bounces, Gary makes a claim against Marissa for the amount of the check. If Marissa claims that she has a defense against payment to Gary since Larry breached the contract, what is Gary's best response

answercombination of ability and experience of the partners;

two years ago, when picking flowers in the mountains back of yosemite valley, i found a book. it was blotted and storm-beaten; all of its outer pages were mealy and crumbly. the paper seemed to dissolve like the snow beneath which it had been buried, however; many of the inner pages were well preserved. and although all were more or less stained and torn, whole chapters were easily readable. this is the condition of the great open book of yosemite glaciers today; its granite pages have been torn and blurred by the same storms that wasted the castaway book.

two years ago, when picking flowers in the mountains back of yosemite valley; i found a book. it was blotted and storm-beaten, all of its outer pages were mealy and crumbly. the paper seemed to dissolve like the snow beneath which it had been buried, however, many of the inner pages were well preserved. and although all were more or less stained and torn; whole chapters were easily readable. this is the condition of the great open book of yosemite glaciers today, its granite pages have been torn and blurred by the same storms that wasted the castaway book.