Rost v. Bryson

SCOTT (Robert H.), J. pro tem.

Plaintiffs appeal from an adverse judgment in their action against defendant for money had and received.

Defendant does business as an escrow agent, and when plaintiffs undertook to purchase from its owner, one Berman, a liquor store known as “Art’s Bottle Shop,” defendant was selected to handle the escrow.

Instructions provided that certain money was to be deposited by plaintiffs with defendant as the purchase price. A total of $10,000 was to be paid into escrow, the final payment due January 31, 1951. The agreement provided in part as follows: “The parties hereto…