Zang

Respondent C. S. Zang filed suit against Joseph Oakley, James Oakley, Michael Priest, Northwestern Title Company of Alameda County (Northwestern) and its escrow employee, Peggy Chance (Chance), on December 23, 1974. Zang’s complaint alleged, inter alia, that appellants Northwestern and Chance negligently failed to perform escrow instructions, resulting in the loss of his security interest in real property securing a loan to Oakley. Northwestern alleged in its answer that Zang was contributorily negligent. After a nonjury trial, the court found that Northwestern and Chance were liable for their negligence and rendered a judgment in Zang’s favor against them. Northwestern and Chance have appealed. We affirm.

Facts

On January 12, 1973, appellant Northwestern, through the actions of its duly authorized employee, appellant Peggy Chance, agreed to act as escrow holder for respondent C. S. Zang and respondent Joseph Oakley. The escrow was opened in order to facilitate a real property financing transaction in which Zang agreed to lend Oakley enough money to pay off the balance of a first deed of trust on real property located on 52d Street in Oakland. The amount required was…