Welk v. Fainbarg

At some date in mid-July 1964, the parties hereto entered into an escrow agreement to buy and sell the real property which is the subject of this litigation. The pur chasers deposited $10,000 into that escrow, which upon the subsequent cancellation of the escrow due to the purchasers’ inability to perform, the $10,000 was later returned to them.

On November 16, 1964, a second escrow was opened at a title company in which the purchasers, and plaintiffs herein, deposited $20,000. The $20,000 was to be immediately released to defendants by the terms of the proposed escrow agreement when all the…