Tancredi

This is an appeal by defendants, Charles M. Garrett, Jr. and Lowell R. Smith, from a judgment in favor of plaintiff for damages for breach of contract of sale of land.

Facts

On August 7, 1959, defendants as owners, agreed in writing to sell certain described land to plaintiff for the sum of $80,000, $2,000 of which was then in the hands of the broker and was deposited with the title company escrow holder, $33,000 to be deposited with the' escrow holder within ten days, and the balance of $45,000 to be covered by a note and deed of trust. Several conditions were contained in the agreement involving annexation to the City of El Cajon, commercial zoning, release of a portion on sale to a major oil company, escrow to. be for a period of one year, title to be furnished by seller within 360 days.

On August 17, 1959, escrow instructions worded in slightly different language but with substantially the same terms were signed by defendants and handed to the title company escrow holder with a similar provision that the escrow holder had a 365-day time limit.

On September 16, 1959, escrow instructions on the sale were signed by defendants and handed the escrow holder; a carbon copy…