Brown

This is an appeal by defendant from a judgment quieting plaintiff’s title to an undivided interest in two parcels of land. On January 18, 1921, the parties to the action left written escrow instructions with the Exchange National Bank of Long Beach, containing these provisions: “The undersigned hereby instruct you to carry out the conditions of the following agreement entered into on the above mentioned date wherein H. C. Brown, Agt., address 243 East Ocean Avenue, agrees to sell and Harry Wilson, address Naples, California, agrees to purchase the following described property: Lots 14 and 15 Block 33, Tract No. 500, Naples, California, in the County of Los Angeles, State of California for the sum of $400.00 payable as follows: Escrow deposit herein $50.00, additional cash $350.00 on or before 90 days or When Certificate of Title and Municipal Certificate are in your bank. . . . In case seller is not able to give good title within ninety days the deposit herewith shall he returned on demand. ...” Thereafter plaintiff experienced difficulty in securing deeds for delivery into escrow for the reason that the property was owned by several individuals, some of whom had died. He did,…