Iverson

Louise J. Roberts, originally one of the defendants in this action, died pending this appeal and J. H. Roberts, as the administrator of her estate, has been substituted in her place and stead.

This is an action for specific performance of a written agreement whereby Minnie L. Goodbub and J. H. Roberts agreed to sell and E. Iverson and Inga Iverson agreed to buy an apartment house and its furnishings for $25,000. The contract was made on or about September 20, 192'8, and was in the form of escrow instructions signed by Mr. and Mrs. Iverson and Minnie L. Goodbub and J. H. Roberts. The purchasers deposited the full amount, of the purchase price with the escrow agent and Minnie L. Goodbub deposited a deed conveying title to the real estate t.o them. The escrow was extended for a number of months to enable the sellers to clear a cloud on the title. On March 20, 1929, Minnie L. Goodbub conveyed the real property to Louise J. Roberts and these two with J. H. Roberts gave written notice of the termination of the escrow and demanded the return of the instruments deposited by them. Thereupon this action was instituted to compel the specific performance of the contract of sale.

The…