Valero v. Tri-City Title Co.

HOBSON, Acting Chief Judge.

Appellant, plaintiff below, seeks reversal of that portion of the lower court’s final judgment awarding nominal damages and finding a waiver by the plaintiff of her rights. We reverse.

This is an action brought by the plaintiff below to recover funds deposited under an *1117escrow agreement with the defendant below, Tri-City Title Company. The plaintiff and her husband, owners as tenants by the entireties of a parcel of real property, entered into an agreement to sell the property to certain purchasers. The closing occurred on March 22, 1982.

At the closing, it was…