Sinks

This is an appeal from a judgment of dismissal entered after the trial court granted defendants’ motion for summary judgment in an action for specific performance of a contract for the sale of real property.

The chronology of significant events is as follows:

On April 11, 1962, plaintiff filed a complaint for specific performance of a contract to sell real property.

Defendants filed their demurrer to the complaint on May 9, 1962. The demurrer was sustained with leave to amend on May 16,1962.

Plaintiff filed her first amended complaint on June 1, 1962. Therein plaintiff asserted that on or about March 22, 1962, defendants offered to sell a described parcel of real property; that the offer was in writing; that plaintiff accepted the offer and that on or about March 27, 1962, she deposited the sum of $500 with a designated escrow holder; that by agreement of the parties the escrow holder prepared written escrow instructions concerning the sale and purchase agreement between the parties. A copy of the escrow instructions was attached to the complaint as Exhibit A and was incorporated by reference. The attached escrow instructions bear the signature of plaintiff; however they do…