Hudson

Plaintiff brought this action to recover damages which he claimed to have suffered through the failure of defendant to comply with a certain agreement in writing, a copy of which was attached to the complaint, and which it is claimed constitutes a contract for the sale of real property by defendant to plaintiff, for the sum of $2-,500, it being alleged that the property was worth $5,000, and thereby plaintiff was damaged to the extent of $2,500. The court sustained defendant’s general demurrer to the complaint, and upon plaintiff’s refusal to amend, judgment was entered for defendant, and plaintiff brings this appeal.

Appellant states that the sole question raised is whether escrow instructions set forth in the pleadings constitute a contract upon the breach of which an action for damages can be maintained.

We deprecate long quotations, but it here seems necessary to set forth the escrow instructions. The essential portions of appellant’s instructions are as follows:

There follows the acknowledgment by F. R. Hudson and the certificate of recording on September 2, 1923. Respondent’s instructions are as follows:

Respondent contends that in appellant’s instructions no reference…