Whipple

Plaintiffs appeal from a judgment in favor of all defendants in a suit for declaratory relief, and in favor of cross-complainants for the restitution of premises and treble damages for unlawful withholding of possession.

Chester D. and Angie M. Haberle, husband and wife, owned residential property in the “Re-subdivision of Thousand Oaks” at Modesto; they listed it for sale with Campbell Real Estate operated exclusively by the defendant Brooks; the sale was to be for cash or cash through new loan. On August 1, 1959, Brooks obtained from appellants, Leonard L. Whipple and his wife, Edwina D. Whipple, a deposit of $500 as part payment in connection with an offer by them to purchase the house for $20,500 cash, of which $18,300 was to be secured by them from the proceeds of a proposed F.H.A. loan. Brooks introduced appellants to the defendant, Martha J. Cowdrey, a loan broker doing business as Sierra Mortgage Company.

The Whipple offer was accepted by the Haberles and on August 7, an escrow was set up with the defendant, Stanislaus County Title Company, in accordance with instructions given by Mr. Haberle. The agreement provided: “The undersigned, as purchaser have deposited with…