McCown v. Spencer

Opinion

DUNN, J.

This is an action brought by the intended buyer of real property against the sellers for damages caused by the sellers’ alleged breach of their escrow agreement. The case went to trial on the basis of the first and fifth causes of action pleaded in a second amended complaint. The first cause of action was for breach of contract. The fifth cause of action purported to sound in fraud but merely alleged statements made by the sellers, after a closing date specified in the escrow agreement, upon which statements plaintiff relied for an extension of the time for performance.…