Barney

Plaintiff mortuary brought action to recover the sum of $1,204.60 for the funeral and interment of Melinda D. Widrig, deceased. The action is against Warren S. Barney and Gregory A. Barney, minor children of the deceased. Judgment was rendered against the defendants for the amount claimed and an appeal is taken on their behalf.

There is involved no dispute as to the facts. The case was submitted to the trial court upon stipulation as to the facts and the facts thus stipulated are before the court. It appears that the plaintiff mortuary rendered the services and no question is raised as to their reasonable value. It appears further that the estate of Mrs. Widrig did not have assets sufficient to pay the claim, and that her surviving husband, Clyde H. Widrig, was adjudicated bankrupt a few months after the death of his wife. The plaintiff therefore sought to recover from the estate of the minor ehildren of the decedent.

Inasmuch as both defendants were minors there could be no binding contract to pay these expenses and no such claim is made. Plaintiff’s sole claim of right to recover is based upon section 7100 of the Health and Safety Code. This section provides as follows:

It is…