Legal Opinion
Ogdahl v. Title Insurance & Trust Co.
Appellate Division of the Superior Court of California
Decided June 20, 1977No. Civ. A. No. 115649PublishedCited by 1 opinion
1Opinion of the Court
Opinion
STEVENS, J.
Issue
When a seller instructs an escrow agent to pay a broker’s commission from funds payable at close of escrow, may the seller unilaterally rescind those instructions after close of escrow, but before the funds are disbursed?
Facts
In September, 1975, appellants agreed to sell their homesteaded property for $125,000. When the escrow was opened with respondent (T.I.), appellants submitted written escrow instructions directing T.I. to pay a $7,500 commission to the brokers upon close of escrow from funds held by T.I. on appellants’ behalf. The brokers, relying on this…
2Cases cited6 opinions
- Shreeves v. PearsonCalifornia Supreme Court · 1924
- Spaziani v. MillarCalifornia Court of Appeal · 1963
- Gordon v. D & G ESCROW CORP.California Court of Appeal · 1975
- Builders' Control Service of Northern California Inc. v. North American Title Guaranty Co.California Court of Appeal · 1962
- Ortale v. MulhernCalifornia Court of Appeal · 1976
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Contemporary Investments, Inc. v. Safeco Title InsuranceCalifornia Court of Appeal · 1983