Holder v. Volusia County Bank & Trust Co.

In this case it appears that one Ellsworth and wife entered into an agreement to convey certain land to Holder and wife. Ellsworth and wife executed a deed conveying the property to Holder and wife and deposited the deed with one Johnson. Holder and wife deposited the sum of $2,000.00 and a mortgage for $2,200.00 with Johnson, all such deposits being subject to an escrow agreement. The escrow agreement provided in part as follows:

“Both parties appoint "W. M. Johnson as escrow agent in this matter. The vendors deposit with the escrow agent a full warranty deed properly executed and…