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CHAN v. TITLE INS. & TRUST CO.

Docket No. L.A. 22228.

39 Cal.2d 253 (1952)

246 P.2d 632

TAUL C. CHAN, as Special Administrator, etc., et al., Plaintiffs and Appellants, v. TITLE INSURANCE AND TRUST COMPANY (a Corporation), Defendant and Appellant; MELVIN E. VAUGHAN, SR., et al., Respondents.

Supreme Court of California. In Bank.

July 11, 1952.

Attorney(s) appearing for the Case

Harry M. Irwin and V.P. Lucas, for Plaintiffs and Appellants.

Lawrence L. Otis, Gilbert E. Harris, James F. Healy, Jr., and Harold Arman for Defendant and Appellant.

J.Q. Gilchrist for Respondents.

SPENCE, J.

Melvin E. Vaughan, Sr., and Rozelle Rainey Vaughan agreed to purchase real property from Chin Ott Wong and Quan Shee Wong. The Vaughans deposited certain money in escrow with the Title Insurance and Trust Company (hereinafter called the Title Company). The Wongs, claiming that "time was of the essence" of the agreement and that the Vaughans had defaulted in their payments, brought this action seeking a forfeiture of the escrow money. The action originally...

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