OGDAHL v. TITLE INS. & TRUST CO.

Docket No. 115649.

72 Cal.App.3d Supp. 41 (1977)

140 Cal. Rptr. 148

OLIVER R. OGDAHL et al., Plaintiffs and Appellants, v. TITLE INSURANCE AND TRUST COMPANY, Defendant and Respondent.

Court of Appeals of California, Appellate Department, Superior Court, Santa Barbara.

June 20, 1977.


Attorney(s) appearing for the Case

COUNSEL

Eckert, O'Gorman & McFarland and Charles V. Eckert III for Plaintiffs and Appellants.

Botello, Kazemzadeh, Sheppard & Leerskov and Michael S. Botello for Defendant and Respondent.


OPINION

STEVENS, J.

ISSUE

(1a) When a seller instructs an escrow agent to pay a broker's commission from funds payable at close of escrow, may the seller unilaterally rescind those instructions after close of escrow, but before the funds are disbursed?

FACTS

In September, 1975, appellants agreed to sell their homesteaded property for $125,000. When the escrow was opened with respondent...

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