Security Trust & Savings Bank v. Carlsen

PRESTON, J., Dissenting.

In substance my view is that the escrow agreement between the buyer and seller had been fully performed by the buyer Carlsen, and that inasmuch as he waived the condition respecting certificate of title to be furnished by the seller (a provision made for his own exclusive benefit) he thereby became entitled to delivery of the deed and other documents constituting the conveyance. If this position is sound, it necessarily follows that the escrow party was in law under the specific duty and obligation to make said delivery to said buyer. This obligation may not be cast…