Can a plaintiff bring a claim for damages against an escrow holder for failing to act in accordance with the instructions?

'Statute of Limitations.--It has been held, in effect, that despite the written nature of the escrow instructions a suit for damages against the escrow holder based on a violation of his duty to act in accordance with the instructions is not a suit based on a contract in writing, but has its basis in an implied parol agreement, and is therefore subject to the 2-year statute of limitations set forth in 339 subdivision 1 of the Code of Civil Procedure.'

In a similar situation, the court in Shumaker v. Rippy, 138 Cal.App.2d 815, 816 292 P.2d 536, held: