Caldwell

Defendants and cross-complainants Elva May Beer and Leslie P. Beer appeal from judgments rendered in favor of defendants and cross-complainants Caldwell and Annechini, except from that part of said judgment discharging the First National Bank of La Habra from liability as escrow-holder. By stipulation of the parties, the two cases were tried together, and by further stipulation the cases were consolidated on appeal.

On the seventh day of June, 1923, Elva May Beer and Leslie P. Beer deposited with the First National Bank of La Habra their deeds conveying to W. W. Caldwell and Joe Marcell Annechini each a two per cent of the entire mineral rights in certain real property situated in Los Angeles County, California, which property the Beers had previously sold, retaining one-sixth of the oil rights. They deposited therewith their escrow instructions covering such deeds, agreeing to a delivery thereof to Caldwell and Annechini upon the payment of $15,000 in cash. On the same day Caldwell and Annechini each deposited with the same bank the sum of $1,000, each giving their written escrow instructions as follows: you $8000.00 additional, this money is for your use when you can deliver me…