Ward

This is an action of inter-pleader. The defendant Shirley C. Ward was lessee of certain premises situated in the city of Los Angeles under a lease from the owner, Delia Gilman. The premises were sublet by said defendant to the defendant Walter H. Fisher. Subsequently, by written agreement of the two named defendants, the plaintiff was made escrow-holder of a certain agreement dated August 19, 1918, entered into and executed, in duplicate, by them. This agreement modified in certain particulars the rights and obligations of the parties thereto in and to the premises referred to above. By the terms of the escrow agreement the plaintiff was instructed, upon the faithful performance by defendant Walter H. Fisher of the conditions of said agreement of August 19, 1918, and of the escrow agreement executed by both parties, to deliver to said Walter H. Fisher one of such instruments and the other to the defendant Shirley C. Ward; but, should Walter IT. Fisher fail to fully and faithfully perform all of the conditions and covenants of said agreements, then, and in that event, the plaintiff, as escrow-holder, was to remove the signatures from said instruments, mark the same “canceled,” and…