Hewitt v. Security-First Nat. Bk. of L.A.

The present controversy arose out of an exchange of property between the plaintiff Hewitt and one W. S. Everett. After the transaction had been completed, Everett died and an administrator of his estate was duly appointed. A creditor’s claim was presented by Hewitt and rejected by the administrator. Hewitt then brought this action to enforce his said claim. From a judgment entered in favor of the plaintiff, the defendant administrator has presented this appeal.

The contract under which the exchange of properties occurred was in the form of written “escrow instructions” delivered by Everett to…