Bellasi v. Shackelford

Respondent, an owner of real property, sued under the statutory declaratory judgment provisions (Code Civ. Proc., § 1060 et seq.) for a determination that escrow instructions simultaneously filed by himself and defendants did not match and that his offer to sell was revoked prior to defendants’ acceptance. Appellants, cross-complaining, contended a binding contract was in effect. The record discloses the following:

Appellants Shackelford, husband and wife, negotiated to buy 84 acres from respondent Bellasi for $6,000. On August 28, 1959, both filed their escrow instructions with the title…