Salisbury

Plaintiff brought this action to obtain the specific performance of a contract for the sale of 160 acres of land, 80 acres of which stands of record in the name of Edwin Yawger and 80 acres in the name of Altie S. Yawger, the defendants and appellants, and to compel the delivery of deeds, mortgages, and stock certificates held in escrow by the defendant Southern Trust and Savings Bank of San Diego. The record on appeal is prepared under section 953a of the Code of Civil Procedure. For sake of brevity, Edwin Yawger will be referred to as “the appellant” and the Southern Trust and Savings Bank of San Diego as the “Trust Company,” or the “escrow-holder.” On October 19, 1914, appellant signed a written contract of employment wherein he appointed respondent, doing business under the name of the Salisbury Realty Company, as sole agent for sixty days from date for the sale of the 160 acres above referred to and agreed to pay a regular commission of five per cent on the price. The terms of payment therein stated were one thousand dollars cash, balance five thousand five hundred dollars in five years and five thousand five hundred dollars in eight years, at seven per cent interest, payable…