Stone v. Jarbalo State Bank

Citations

• 107 Kan. 332
• 190 P. 1094
• 1920 Kan. LEXIS 70

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Evidence — Demand for Inspection of Deed — Instrument Sufficiently Identified in Demand. A notice given under section 366 of the code of civil procedure is sufficient, although the notice may he defective, if it describes the instrument desired with sufficient particularity to enable the party notified to identify it.</p> <p>2. Deed — In Escrow — Wrongfully Delivered by Bank — Bank Liable for Damages. If a bank, after receiving a deed from the grantors therein named with instructions to deliver it to the grantee' on the payment of a certain sum of money, delivers the deed on the payment of a smaller sum, the bank is responsible for the damages sustained by the grantors by reason of the delivery of the deed in violation of the instructions.</p> <p>3. Same — Letter of Instructions Received by Bank. There was evidence which' tended to show that the bank in the present case received the letter of instructions concerning the delivery of the deed.</p> <p>4. Deposition- — Returned to Officer for Proper Certification. Depositions, by leave of court, may be withdrawn from the files and be returned to the officer before whom they were taken for proper certification.</p> <p>5. Contract — Sale of Land — Deed in Escrow — Deed Wrongfully Delivered by Bank — Liability for Damages. The grantors in a deed sent it with instructions to a hank to deliver the deed to the grantee on the payment of a certain amount of money. The' bank accepted an amount less than that named, delivered the deed, remitted by draft the amount received, and stated that the amount remitted was in full for the purchase price. The grantors immediately notified the bank that they would not accept that amount in full for the purchase price. The grantee in the deed immediately conveyed the land to third parties who mortgaged it. Afterward the grantors cashed the draft. Eeld, that the grantors can recover from the bank the damages sustained by,them by reason of the delivery of the