Robinson

For a period of three months, commencing December 17, 1928, the defendant Contra Costa Building & Loan Association occupied and paid rent for certain offices in a building in Richmond, belonging to plaintiffs; and thereafter plaintiffs brought this action to recover the rental thereof for the succeeding five months, claiming that the same was due under a five-year written lease theretofore executed on behalf of said association by one E. B. Moore. The trial court held that the lease was not binding on the association and accordingly entered judgment in its favor, from which this appeal is taken by plaintiffs.

Section 15 (c) of the Building and Loan Commission Act (Stats. 1925, p. 253) provides in part as follows: “Before the articles of incorporation of any building and loan association, hereafter desiring to incorporate under the laws of this state, shall be filed in the office of the secretary of state of the state of California there must be attached thereto, the certificate of approval of the building and loan commissioner. ...” And section 15 of said act (Stats. 1911, pp. 607, 614) provides: “It shall be the duty of the commissioner to require every such association,…