Womble v. Wilbur

<p>Escrow—Payment in Installments—Prior Agreement por Interest not Merged Between Original Parties.—Under a judgment enforcing an escrow in favor of a bona fide purchaser from the original grantee in the escrow deed, upon payment of installments of purchase money without interest, and enforcing a prior agreement for interest against the original purchaser, less rentals owing from plaintiff to him, it cannot be held as matter of law from the findings against him that the prior agreement for interest was merged and superseded by the terms of the escrow, where his answer alleged that the escrow agreement was entered into in pursuance of the terms and conditions of the prior agreement, and the findings show that after the transfer to the purchaser he recognized the prior agreement as still in force with respect to rentals and other matters.</p> <p>Id.—Competency op Parties to Agree to Escrow and Leave Terms Between Them.—It was competent for the parties to the first agreement for purchase to agree to an escrow, making the deed deliverable upon payment of the installments of principal, and to leave the matter of interest, rentals, working of the mine and other matters between them subject to the prior agreement.</p> <p>Id.—Suppiciency op Bindings.—Where no direct issue was presented that the escrow agreement was executed with intent to supersede the first agreement as to the appellant, no finding was necessary thereupon, and the finding as to the execution of both the agreements by the appellant, and the giving effect to both, does not show a conflict in the findings or a merger of the agreements.</p>