Brown v. Wilson

WOOD (W. J.), J.,

pro tem.

This is an appeal by defendant from a judgment quieting plaintiff’s title to an undivided interest in two parcels of land. On January 18, 1921, the parties to the action left written escrow instructions with the Exchange National Bank of Long Beach, containing these provisions: “The undersigned hereby instruct you to carry out the conditions of the following agreement entered into on the above mentioned date wherein H. C. Brown, Agt., address 243 East Ocean Avenue, agrees to sell and Harry Wilson, address Naples, California, agrees to purchase the following described property: Lots 14 and 15 Block 33, Tract No. 500, Naples, California, in the County of Los Angeles, State of California for the sum of $400.00 payable as follows: Escrow deposit herein $50.00, additional cash $350.00 on or before 90 days or When Certificate of Title and Municipal Certificate are in your bank. . . . In case seller is not able to give good title within ninety

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days the deposit herewith shall he returned on demand. ...” Thereafter plaintiff experienced difficulty in securing deeds for delivery into escrow for the reason that the property was owned by several individuals, some of whom had died. He did, however, obtain deeds for a 5/26ths interest in the lots and on July 5, 1921, executed a quitclaim deed covering the premises to the defendant. The trial court found: “That the aforesaid deed was placed in an escrow in a bank, at Long Beach, California, then known as Exchange National Bank, of Long Beach, California. The court finds that contrary to the terms of said escrow that on the 6th day of July, 1921, the deed hereinafter mentioned was recorded in Book 276, page 262, of Official Records. ’ ’ Upon recordation the deed was returned to the bank. Defendant did not pay into escrow, or otherwise, any sum other than the original deposit of $50, and plaintiff did not place in escrow deeds conveying anything more than the 5/26ths interest. Shortly prior to March 9, 1922, the escrow officer of the bank requested plaintiff to dispose of the escrow and about the same time defendant told plaintiff that he wished to withdraw his deposit. Accordingly plaintiff and defendant on March 9, 1922, signed and left with the bank the following: “We mutually agree to cancel our instructions in this escrow and release the $50.00 deposit. Please give Mr. Jaques deeds now held in Brown-Wilson escrow No. 11306.” Defendant thereupon received the $50 and Mr. Jaques (plaintiff’s attorney) received the deeds.