Hewitt

The present controversy arose out of an exchange of property between the plaintiff Hewitt and one W. S. Everett. After the transaction had been completed, Everett died and an administrator of his estate was duly appointed. A creditor’s claim was presented by Hewitt and rejected by the administrator. Hewitt then brought this action to enforce his said claim. From a judgment entered in favor of the plaintiff, the defendant administrator has presented this appeal.

The contract under which the exchange of properties occurred was in the form of written “escrow instructions” delivered by Everett to the escrow-holder, together with corresponding escrow instructions of same date signed by plaintiff Hewitt and his wife, and delivered to same escrow-holder. The instructions of each party were accompanied by certain described documents, to be delivered to the other party on performance of the concurrent conditions prescribed in the several instructions. These escrow instructions were dated September 13', 1927, and in due course the transaction was completed and closed. Among the documents delivered to Hewitt, as part of the consideration for the property conveyed by him, there were three…