Hansen

In this action plaintiff sued for the specific performance of a contract to convey real property, or in the event that specific performance could not be had, for resultant damages.

‘The agreement of the parties was evidenced by certain escrow instructions by which “J. W. Hevener agrees to sell and Mrs. Renette Hansen agrees to purchase” the property in question for the sum of $2,700. The remainder of the escrow instructions which are here material and which were signed by all the parties were as follows:

“Escrow deposit herewith $50.00. Additional cash $450.00 on May 24, 1921, and on or before $1000.00 when papers are down, balance of $1200.00 by execution of mortgage at 7% dated from close of escrow, payable on or before one year with interest at 7% from close of escrow. Privilege to pay on or before one year by payment of no days unacerned interest.

“The seller hereunder agrees to deliver into this escrow clear certificate of title, together with municipal certificate showing title to the above described property vested in owner free from incumbrance except liquor clause, building restrictions, water company rights and $1200.00 mortgage now being executed, and lease of oil…