Brown

This is an appeal from a judgment in favor of the defendant in an action to foreclose liens upon certain real property. The record contains only the findings of fact and conclusions of law, it being contended that the plaintiff is entitled to judgment upon the findings. The court found that on or about April 28, 1916, the defendant was the owner of certain lots described in the complaint; that on said day he entered into an agreement with one Alex Brown, by the terms of which the said Alex Brown was to go into immediate possession of said property, and it was further agreed that if within ninety days the said Alex Brown caused certain repairs and improvements to be made to the building upon said premises and performed certain other conditions, the said defendant agreed to convey said property to Alex Brown for the consideration of one thousand dollars. To effectuate the agreement, the defendant placed a deed to the property in favor of Alex Brown in escrow with a bank, and Alex Brown placed in escrow his promissory note for one thousand dollars to cover the purchase price of the property. Directions were left with the bank that upon proof of compliance with the conditions imposed…