Zlozower

Plaintiff had judgment for the sum of $1500 in an action brought to recover that amount paid to the defendants as a part of the purchase price of certain lots in the city and county of Los Angeles. From this judgment the defendants appeal.

The court found that on or about the twenty-fourth day of October, 1924, the plaintiff and defendants entered into a certain agreement in the following words and figures, to wit:

That at the time of entering into said agreement the court also found that the plaintiff paid to the defendants the sum of $1,000; that thereafter, and on or about the seventeenth day of November, 1924, the plaintiff paid to the defendants the further sum of $500. The court further found that on or about the twenty-seventh day of October, 1924, the plaintiff signed and handed to the Title Insurance and Trust Company written instructions regarding the sale referred to in the agreement heretofore set forth. The portions of said instructions necessary to be considered are as follows:

The escrow instructions are quite lengthy, but the portions which we have set forth are the only ones involved in this action and necessary to be considered. Thereafter, the defendants…