Sims v. Grubb

OPINION

By the Court,

McNamee, J. :

This is an appeal from a judgment and an order denying a new trial.

Appellant agreed to sell to respondent, and respondent agreed to buy from appellant a house and lot for the sum of $9,000 payable as follows: $200 cash, assumption by the buyer of a prior note and deed of trust covering the premises, upon which there was an unpaid balance of $2,100.96, and a promissory note for the balance in the sum of $6,699.04 secured by a second deed of trust. The agreement was evidenced by a document entitled “Escrow Instructions” signed by both parties. Appearing above…