Flint

This is an action to recover possession of a lot of land, with the dwelling-house thereon, and certain personal property, consisting of household furniture. From a judgment in favor of plaintiff, defendant appeals.

Plaintiff and defendant entered into an oral agreement whereby the former agreed to sell and the latter agreed to buy the property, real and personal, for the sum of $17,250. Pursuant to such oral agreement, plaintiff and wife signed two instruments, one purporting to be a deed to the lot and the other a bill of sale of the personal property. Neither instrument named any grantee or purchaser. On June 4, 1919, plaintiff delivered the instruments to the Title Insurance and Trust Company of Los Angeles as escrow-holder, at the same time filing written escrow instructions authorizing the escrow-holder to deliver both instruments “to parties in interest or their representatives, upon payment to you, within twenty days from date hereof, for my account, the sum of $17,250.” On July 2, 1919, the following, over plaintiff’s signature, was written at the bottom of the original escrow instructions: “The time limit of this escrow is hereby extended to & including July 17, 1919.”…