Hildebrand

In this action of ejectment the undisputed facts of the case as disclosed by the pleadings and proof are these: The defendant and respondent, hereinafter referred to as the vendor, was the owner of certain property in the city of Los Angeles which he listed with the Eshleman Realty Company for sale. The plaintiff and appellant, hereinafter referred to as the vendee, agreed to purchase the property for the sum of $1,800. The vendee was also to assume certain encumbrances. The vendee paid to the Eshleman Realty Company $100 deposit on the purchase price and subsequently on January 31, 1921, filed escrow instructions with said Eshleman Realty Company relative to the re mainder of the purchase price. The material parts of the escrow instructions of said vendee are as follows:

On February 1, 1921, the vendor signed and deposited with the Eshleman Realty Company escrow instructions which were in part as follows:

Thereafter each of the parties complied with the requirements of the escrow on his part"to be performed; the money being paid by the vendee, February 1, 1921, and deposited to the account of the H. B. Eshleman Realty Company, February 3, 1921, as shown by the bank’s…