Shumaker v. Rippy

The question for decision is whether the court below correctly awarded a summary judgment under Code of Civil Procedure, section 437c, in an action for damages based upon the negligence of an escrow agent.

On January 6, 1955, appellant Shumaker filed an action for breach of. contract of escrow for the sale of certain real property to one Burton L. Lamb, wherein the respondent Rippy was escrow agent. It was alleged that the respondent failed to pay over the net proceeds of such sale and thereby breached the terms of the escrow agreement. The second cause of action alleged additionally that…