Tuso
Tuso v. Green
Opinion
Lead Opinion
Myers, J.
On September 4, 1920, the plaintiffs and defendant met at the First National Bank of Burbank and there created an escrow in the manner following: The plaintiffs signed and delivered to the bank a document entitled “Seller’s Escrow Instructions,” reading in part as follows: “I hereby hand you a deed executed by Giorgio Tuso and Giovannina Tuso to Glen D. Green, a single man, covering [description of premises] which you are authorized to deliver to Glen D. Green or his representatives, upon payment to you within 150 days from date hereof for account of Giorgio Tuso, the sum of twenty-nine thousand dollars ($29,000) [Here follow provisions for the procuring of certificate of title and payment of encumbrances]. As a part of the consideration ior said deed, you will also procure note executed by Glen D. Green in favor of Giorgio Tuso and Giovannina Tuso, his wife, for $19,000, as joint tenants with the right of survivorship, ...” (Here follow specifications of the terms of payment of the note, instructions for affixing revenue stamps, etc., and the following provision): “Of the $10,000 cash—$300.00 is to be paid today, $700.00 within 30 days, $9,000.00 on Jan. 1, 1921.” At the same…