Jolin v. Spira

On January 17, 1946, plaintiffs as buyers, the individual defendants as sellers and the corporate defendant as escrow agent, negotiated the sale of real estate by means of escrow instructions, one of the conditions made therein by the buyers being: “Hold for me termite clearance showing the property free and clear of infestation.”

During the pendency of the escrow, the escrow agent submitted to plaintiff Wm. J. Jolin a document dated February 18, 1945, denominated “Termite Clearance,” executed by Atlas Termite Service, addressed to Howard G. Golay Realty Company, the broker handling the…