Humphreys v. Day

BINGAMAN, Justice.

This action was brought by C. R. Hum-phreys against J. H. Day to compel the specific performance of a contract to sell and convey 400 acres of land, possession of which had been delivered to the plaintiff. By cross petition defendant sought to recover possession of the property and damages. From the judgment for the defendant, plaintiff appeals.

By written escrow agreement the defendant agreed to sell the land in question to the plaintiff for a consideration of $14,-000. $500 of the purchase price was deposited in escrow with the deed conveying the property. The escrow…