Steel v. Duntley

BISHOP, J., pro tem.

Upon the second trial of this action, based on the breach by the vendor of a contract to sell real estate, the parties stipulated “that the only question at issue before the court was whether or not the escrow instructions of the respective parties . . . constituted an agreement in writing legally sufficient to satisfy the Statute of Frauds (sec. 1973, subd. 5, Code Civ. Proc.) ”. The trial court was satisfied that the statute had been complied with, and with this conclusion we agree.

One of appellant’s premises, advanced by counsel not now in the case, is that the writing…