Kirk v. First National Bank

The opinion of the court was delivered by

Harvey, J.:

This is an action to recover a sum deposited in escrow with a contract for the purchase of an assignment of an oil and gas lease on the ground that the assignment was not furnished within the time contemplated by the contract, and specifically provided by parol agreement made at the time the contract placed in escrow was executed. The action was against the escrow holder, but the real parties in interest intervened, and at the trial the contest was between the plaintiff and the interveners. The jury answered special questions and returned a…