Sabraw

The sole issue on this appeal is the validity of plaintiffs’ claim for $609.22 interest. Plaintiffs recovered *545 judgment on a contract for construction of a building and defendants had judgment on their cross-complaint for delay in completion. Only plaintiffs appealed from the judgment, and their appeal attacked only the award under the cross-complaint. Defendants promptly, in December 1960, deposited in bank to plaintiffs’ order the sum of $3,709.46, the full net amount, with interest, then due. Judgment on the cross-complaint was reversed, as to one item of $1,330. Defendants then deposited, for plaintiffs’ account, a sum sufficient to make up the additional net amount thus due on the judgment, including all interest except that on the $3,709.46 deposited in 1960. Plaintiffs accepted the total without prejudice to their claim of interest on the sum first deposited. On defendants’ motion, satisfaction of judgment was ordered entered, and plaintiffs appeal.

Plaintiffs contend that their acceptance of the 1960 deposit would have amounted to voluntary acceptance of the benefit of the judgment, and thus barred their appeal (Mathys v. Turner, 46 Cal.2d 364 [ 294 P.2d 947 ];…