Bronx Investment Co. v. National Bank of Commerce

Citations

• 47 Wash. 566
• 92 P. 380
• 1907 Wash. LEXIS 811

Syllabus

<p>Frauds, Statute of—Sale of Land—Memorandum. Letters from the duly authorized agent of the vendors, containing the names of the parties, description of the property and conditions and terms of the sale, are a sufficient memorandum to satisfy the requirements of the statute of frauds.</p> <p>Escrows—Definition—Intention—Deeds—Delivery — Principal and Agent. Where nonresident vendors, living at a great distance from this state, agreed to all the terms and conditions of sale, whereby their deed was delivered to a local bank to be by it delivered upon the payment of the price and performance of certain conditions, reserving no control over the papers if the conditions were complied with, and one of the vendors testified that they intended to reserve no control, the transaction amounts to a delivery of the deed in escrow, and not a mere agency..</p> <p>Same—Death of Grantor. The death of one of the grantors in a deed delivered in escrow does not affect the right of the grantee to delivery upon compliance with the conditions of the escrow agreement.</p> <p>Same—Actions—Parties Defendant. Where a deed has been delivered in escrow, the remedy of the vendee, upon a refusal to deliver the deed, is against the escrow holder, and there is no defect of parties defendant by reason of failure to join the vendors.</p>