Bater v. Cleaver

The opinion of the court was delivered by

Heher, J.

The judgment tinder attack was entered on a directed verdict for plaintiff. The complaint is in two counts. The gravamen of the first is that a sum of money, $2,131.50, escrowed with appellant, Atlantic Guaranty and Title Insurance Company, became plaintiff’s property by reason of the fulfillment of the stipulated condition. The gist of the second is that the check of plaintiff’s assignor, in the mentioned sum, payable to appellant, was “deposited” with the latter, upon condition that it was not to be “used” until appellant executed an…