Foundling Hospital Governors v Crane: 1911

Farwell LJ approved the description of the operation of the doctrine of escrow as follows: ‘The rules respecting escrows are, 1st, The writing will not operate as a deed till the second delivery. 2ndly, The party deputed to make the second delivery, cannot give effect to the writing by delivering the same before the conditions are performed. 3rdly, On the second delivery of the writing, it will have relation, for the purposes of title, and not for the purpose of giving a right to the immediate rent, etc from the delivery. 4thly, So as the conditions be performed, and the deed delivered a second time, the deed will be good, not withstanding the death of either or both of the parties before the second delivery.’


Farwell LJ


[1911] 2 KB 367

Cited by:

CitedAlan Estates Ltd v WG Stores Ltd and Another CA 1-Jul-1981
The proposed tenant wanted to get into possession, and was given a key and paid a quarter’s rent to the lessor’s solicitors to be held as stakeholders, before the lease had been formally granted. An undated lease and counterpart were executed and . .
Lists of cited by and citing cases may be incomplete.


Updated: 14 May 2022; Ref: scu.252351