Hage Et Ux v. Harvey

This is a suit for specific performance of a contract made between the plaintiff-appellants and defendant-respondent Harvey. From an adverse decree the plaintiffs appeal.

The defendant Salem Title Company by a cross-complaint interpleaded and tendered into court the $10,000 later referred to as a deposit in escrow and prayed for a decree respecting the ownership of the fund as between the plaintiffs and the defendant Harvey.

On the twenty-ninth day of May, 1953, the plaintiffs for a consideration of $100 executed and delivered to the defendant Harvey an instrument giving bim an option for one…