Guardian Trust Co. v. Kirby

This cause comes into this court upon appeal from the Court of Common Pleas of Cuyahoga county. The cause is submitted to the court upon an agreed statement of facts, the same being too lengthy to incorporate in this opinion in full. Suffice it to say that the facts so far as material to the proper determination of the issues involved in this case are as follows:

On February 4, 1933, Levi DeForrest Vowles and his wife desiring to sell certain real estate, and Walter B. Kirby and wife desiring to purchase, entered into an escrow agreement with The Guardian Trust Company. The parties thereupon…