Risley

Plaintiffs had judgment below and defendants appeal. Plaintiffs and defendant Clark were the owners of adjoining lots in the same tract. Along the north line of defendant Clark’s lot and the south line of plaintiffs’ lot there were installed certain conduits for telephone and power wires. Defendant Clark, being desirous of selling her lot, arranged with plaintiffs to sell the north half of their lot to a purchaser secured by her for them, and for plaintiffs to purchase from defendant Clark the north half of her said lot. The result of this plan would be that plaintiffs’ lot lines would be moved one-half lot to the south, and that the conduits in place of being on the lot line would be in the middle of the proposed lot. Plaintiffs, upon a realization of this fact, and before they would agree to make the transfer arranged by defendant Clark, required defendant Clark to deposit in escrow the sum of $500 in cash to be used in the removal of the conduits. Subsequently, it was agreed by the parties that,- in place of the cash deposited in escrow, a bond executed by defendant Clark, as principal, and defendant Fidelity and Casualty Company, as surety, could be substituted. The bond, thus…