Eldridge

This is an appeal by plaintiff from a judgment rendered in favor of the defendants.

The case grows out of the destruction of the public records by the San Francisco fire of April, 1906. Upon the adoption by the legislature of the act of June 16, 1906, entitled, “An Act to provide for the establishment and quieting of title to real property in case of the loss or destruction of public records” (Stats. 1906, [Ex. Sess.], p. 78), commonly referred to as the McEnerney Act, Tobin &■ Tobin, a copartnership of attorneys at law, took steps for the handling of suits brought under said act. Among their clients was the Hibernia Savings & Loan Society, many of whose depositors entrusted to Tobin & Tobin the work of establishing the record title to their real property. For convenience in the transaction of its business Tobin & Tobin maintained their offices in the Hibernia Savings & Loan Society Building, and created a department therein specially devoted to the title restoration branch of their practice. They formed a corporation under the name of the Hibernia Title Restoration Company. This company’s name, or the prominent words thereof, were placed on the door of one of the offices…