Mahlon Pitney

“ The grounds of decision, briefly, were that by the escrow agreement the bank became agent for both parties, that the memorandum did not authorize it to pay over the money to either party, and that in taking sides and making payment to Berryman it acted at its peril, and should be held responsible to Davisson and Mrs. Owens if, upon a retrial, they should sustain their right to the money as against Berryman. ”

“ But this memorandum is evidently not a complete expression of the agreement between the parties, and indeed is unintelligible except by reference to the contract of sale. It does not mention the names of the parties or either of them; does not specify what 'settlement' is to be made, nor where; does not state by whom 'deed and abstract' are to be placed in escrow, nor when, nor for what purpose. ”

“ Mrs. Owens answered for herself and others as executors of Solon B. Owens, deceased, denying liability to Davisson, on the ground that the sale in question had not been consummated; and, by a cross complaint against the bank, she set up that a contract of sale was made by her in behalf of the executors of Solon B. Owens, deceased, with Berryman, and, upon its execution, the sum of $9,173.32 was, by agreement of the parties, deposited in the bank, together with a copy of the agreement ”