Gorman v. Kings Mercantile Co.

In this action to cancel mortgages of record and to compel defendant Title Guarantee Company upon the cancellation of said mortgages to turn over to plaintiff $6,500 held by it nnder a “ Receipt and Deposit Agreement ” hereinafter called ‘ ‘ escrow agreement ’ ’, plaintiff moves for partial summary judgment dismissing so much of the cross claim \_sio] interposed by the title company as seeks judgment for legal expenses incurred in a previous proceeding brought by plaintiff against it and for legal expenses incurred in the defense of this action.

The said defendant was employed to examine and…