Ambrose

This is an action to foreclose a mortgage upon real estate. Barrett and wife, mortgagors, resided in the town of Cazenovia, state of Hew York. Ambrose, the mortgagee, resided in the city of San Francisco. The note being due and the mortgagors desiring to pay it, Barrett wrote to Ambrose at San Francisco, requesting him to send all the necessary papers by express, C. O. D., with permission to examine them as to their correctness upon their arrival, and stating that if they were correct he would thereupon pay the amount due upon the note. In response Ambrose executed the proper papers and placed them in the possession of Wells, Fargo & *299 Company, San Francisco, with the following written instructions:

These papers consisted of the note, mortgage and release, and upon their arrival at point of destination Barrett appeared at the express office accompanied by his attorneys, and the agent of the c-ompany passed over the papers for examination. Upon examination they were pronounced satisfactory, and thereupon Barrett handed to the agent of the express company the amount due upon the note, with twenty dollars additional, expense of collection. The money was counted by the agent in…