Leland v. Craddock

BARTLETT, J. pro tem.

Plaintiffs brought an action to have a contract declared terminated and no longer of any force and effect. The defendant Catherine L. Craddock filed a cross-complaint seeking specific performance of the same agreement. From a judgment in favor of plaintiffs, the defendant Craddock appeals.

The plaintiffs were owners in common of real estate in Pasadena. On May 8, 1945, they agreed to convey the prop

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erty to the defendant Catherine L. Craddock. This agreement was contained in and constituted, among other things, the escrow instructions given to the defendant Escrow and Loan Service Company.

The purchase price of the property was $15,000. The purchaser was to assume an unpaid balance on the property of $7,352.10, and to pay before the close of escrow $7,649.90. The escrow agreement contained the following instructions to the defendant, Escrow and Loan Service Company:

“If you are unable to comply with these instructions on or prior to June 8, 1945, you will comply as soon thereafter as possible unless written demand for the return of the money or instruments by a party to this escrow is received by you Subsequent to such date and prior to the recording of any instruments provided for herein.”

On May 8, 1945, the defendant Mrs. Craddock deposited in the escrow $1,000 with the instruction to pay $500 of this sum to the plaintiff John S. Growl, and deduct the amount from his settlement check.

On May 28, 1945, the defendant Mrs. Craddock delivered to the defendant Escrow and Loan Service Company the following instructions:

“Ton are hereby authorized and instructed to cancel the above escrow returning any instruments submitted to the escrow and return the balance of the money in escrow to the Leland Bealty Co., after deducting your escrow charges and the cancellation charges made by the Title Insurance & Trust Company.”

Two of the plaintiffs, Mr. and Mrs. Leland, signed these instructions, but the plaintiffs Mr. and Mrs. Growl did not.

On September 12, 1945, Mrs. Craddock, by her attorney, Boland Maxwell, wrote the following letter;