Marvel Industries, Inc. v. Boatmen's National Bank

Plaintiff (respondent) brought this action against defendant for the recovery of $16,000 deposited by plaintiff with defendant in accordance with the provisions of a three-party contract for the sale of 196 tons of sheet steel, in which' contract plaintiff is designated as “purchaser”, one R. E. Mullen as “seller” and defendant as “escrow agent”.

Following verdict and judgment for plaintiff in the sum of $16,000 and accrued interest, defendant appealed. The grounds of its appeal are: that no submissible case was made; error in instruction No. 2 given in behalf of plaintiff; and refusal of the…