Lamkin

Defendants appeal from a judgment on the pleadings holding that a deposit receipt agreement for the sale and purchase of certain realty was void, and that therefore plaintiffs were entitled to the return of their deposit and were not liable in damages on defendants’ cross-complaint.

Joseph Y. Yierra died intestate on July 14, 1946, and was at the time of his death the sole owner of the residential property located at 2521 East 27th Street, Oakland, California.

On April 11, 1959, plaintiffs, who are husband and wife, signed a regular form deposit receipt agreement agreeing to purchase the property for $9,100, and decedent’s daughter, Margaret B. Yierra, signed as the “Seller” with the title “Administrator” immediately below her signature. Plaintiffs paid her $910 at that time and agreed to pay the balance in six months.

On April 22, 1959, Margaret B. Yierra was appointed administratrix of the estate of her father. Thereafter, plaintiffs made demand for the return of the deposit.

On October 22, 1959, plaintiffs filed a complaint for return of the $910 against defendants “Margaret B. Yierra and Margaret B. Yierra, as administratrix of the Estate of Joseph Y. Yierra,” alleging her…