The instrument at issue was delivered to the solicitor acting for the party intended to benefit under it. It was claimed that it was delivered in escrow.
Held: On the detailed facts the delivery was not intended to be a delivery to the grantee, but was to the solicitor who was to hold the deed in an incomplete state for the benefit of all the parties to the transaction. Thus the instrument was not delivered as a deed but was in escrow only. For a delivery of a document to be in escrow, it must normally be made to a stranger to the contract.
Citations:
(1875) LR 20 Eq 262
Cited by:
Qualified – Bank of Scotland Plc v King and others ChD 23-Nov-2007
The parties contracted to buy and sell a property. The lending bank sought possession, saying that it had advanced the money which had been spent acquirng the property. The defendant purchasers said that completion had not taken place, the full . .
Lists of cited by and citing cases may be incomplete.
Contract
Updated: 01 May 2022; Ref: scu.261512
