Marshall v. Von Zumwalt

McCOMB, J.

From a judgment in favor of defendants after trial before the court without a jury in an action to recover (1) $1,400 loaned to defendants, and (2) $100 for the reasonable value of work, labor and services performed for defendant William Von Zumwalt, plaintiff appeals.

.Viewing the testimony most favorable to defendants (respondents) the record discloses that defendant Von Zumwalt agreed to construct a house for plaintiff and plaintiff’s wife; plaintiff advanced to defendant money to purchase two lots, one for plaintiff’s home and one for defendant’s home; plaintiff further worked on his own home in accordance with an agreement whereby defendant would not pay him with cash, but would credit him with the value of Ms work toward the price of his home or extras ordered.

Subsequently plaintiff’s home was constructed by defendant and plaintiff was charged with extras in the sum of $2,113.09, against which was credited the sum of $1,400 and $100.

The trial court found that plaintiff did lend to defendant the sum of $1,400 and plaintiff performed work, labor and services for defendant in the reasonable value of $100, and further found that such sums were paid by defendant’s crediting plaintiff with such amounts against extras ordered by plaintiff during construction of his home.

When plaintiff rested, the court, on defendant’s motion, dismissed defendant’s cross-complaint predicated upon the contract to build a house for plaintiff.

Thereafter defendant introduced testimony showing that he had credited plaintiff with $1,500 against a sum in excess thereof which plaintiff owed defendant for constructing a house for him.

Questions:

First:

Did the trial court err in admitting in evidence testimony concerning a building contract, under the terms of which plaintiff owed defendant in excess of $1,500 and against which defendant had credited plaintiff with the sum of $1,500 alleged to be due plaintiff in the complaint in the present action, for the reason there was no evidence that defendant was a duly licensed contractorf

No.

Section 7031 of the Business and Professions Code of California reads as follows: “No person in the business or acting in the capacity of a contractor,

may bring or

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