Spector

Plaintiff and appellant Emma Spector brought this action against defendants and respondents Charles W. Miller and wife, Ethel C. Miller, on July 28, 1958, alleging generally that within four years last past defendants, plaintiff and six other persons, as purchasers, and one Marcus Pete, Jr., an Indian, as seller, entered into a contract for the joint purchase from seller of a parcel of described land in Palm Springs for a total price of $78,660.

An action involving these parties, the Indian and others, was heretofore brought by Spector, seeking to compel the administratrix of the Indian’s estate to specifically perform the contract of sale, to quiet title and for other general relief. This court held that since the contract for the sale of the land, by Pete, was made while he was an incompetent Indian, it was null and void and unenforceable as to him. The facts surrounding this transaction are fully set forth in Spector v. Pete, 157 Cal.App.2d 432 [ 321 P.2d 59 ] (hearing denied by the Supreme Court), petition for certiorari in Supreme Court of the United States denied, 358 U.S. 822 [ 79 S.Ct. 36 , 3 L.Ed.2d 63]; and petition for rehearing denied, 358 U.S. 938 [ 79 S.Ct. 310 , 3…