Delson Lumber Co. v. Washington Escrow Co.

Defendant, Washington Escrow Company, appeals a summary judgment granted in favor of plaintiff, Delson Lumber Company, for alleged breach of its fiduciary duty in handling escrowed funds.

The material facts are undisputed. Washington Escrow made partial payments of plaintiff’s escrowed funds on a timber purchase in violation of a specific provision of the escrow instructions. Its defense is that the payments were in accordance with the underlying earnest money agreement and the latter agreement should control. We disagree under the particular circumstances of this case.

The underlying earnest…