Application of Erroneous Overpayment to Existing Indebtedness

A check made payable to an agency but drawn on the bank account of a third party may properly be considered as payment from the purchaser and subject to setoff. Where inadvertent, erroneous advice of an agency results in overpayment by a purchaser, the agency has the right and the duty to apply the excess payment to extinguishing existing indebtedness of the purchaser.