Scott v. Stone

The opinion of the court was delivered by

Graves, J.:

This was an action to recover damages for a breach of the covenants of a warranty deed. The transaction was evidenced by a contract of sale, dáted April 8, 1902, which specified the subsequent steps to be taken by each party in completing the conveyance. The defendants in error were grantors, and the plaintiff in error grantee.

The contract of sale, together with $1000 cash paid by the grantee upon the purchase-price of the land, was placed in escrow with an El Dorado bank to await the performance of the subsequent requirements of each party.…