Brown

The respondent copartners were awarded judgment in the Superior Court of Los Angeles County for moneys alleged to have been due them as contractors and the defendants appealed.

Appellants entered into a contract, designating themselves as owners, by the terms of which they agreed to finance the erection of a certain building, and respondents agreed to construct the same for a specified amount of money. Thereafter respondents prepared specifications for the building. Appellants executed and delivered to a title company their escrow instructions, therein promising to deliver to it a trust deed and note “which you are authorized to deliver or use upon payment to you within 10 days from date hereof for my account the sum of $5,000, the balance of the proceeds of said loan being paid outside of escrow. . . . It is understood and agreed that the reverse side of this sheet is incorporated in and made a part of these instructions. Pay Struck and Johnson Company $625.00. . . . Deliver order for $625.00 payable to Struck and Johnson Company, handed you herewith and the above sum of $625.00 cash when you hold for delivery to us the copy of the Builder’s contract executed by ourselves as…