Fanning

Plaintiffs brought this action to recover from defendant bank the sum of $6,500. The claim was alleged in separate counts, one for money had and received, the second for damages due to the alleged violation of an escrow agreement, and in addition equitable relief was sought, namely, reformation of the escrow agreement.

The trial court found for the defendant, and from the judgment the plaintiffs have appealed.

On September 25, 1925, plaintiff G-. J. Fanning and one Harry C. Otto entered into an escrow agreement with the defendant, which was as follows:

The agreed price for the transfer to Otto of plaintiff’s interest in the property was $7,500, and plaintiffs contend that under the terms of the escrow agreement the defendant, before delivering to Otto the assignment executed by them, was to receive for their use the sum of $1,000, a note for the balance of the purchase price due on or before six months after date secured by a deed of trust of the property, both executed by Otto and his wife, and also the amount represented by the note, namely, $6,500. The first amount with the note and deed of trust were received by the defendant, which thereupon delivered the assignment to…