Harrison v. Shamalian

BARNARD, P. J.

This is an action to recover the reasonable value of goods, wares and merchandise alleged to have been delivered to the defendant at his request. In a separate cause of action it was alleged that $330 advanced to the defendant at his request was due to the plaintiffs. The answer denied all the material allegations of the complaint. A cross-complaint was also filed alleging that the plaintiffs had agreed to supply all material and labor necessary to construct certain outside and inside walls with steel windows for the agreed price of $1,009.11; that the work had not been completed according to said contract; and that the defendant had been damaged in the sum of $1,200.

The court found that the plaintiffs had delivered goods, • wares and merchandise of the reasonable value of $694.87; that the defendant was not indebted to the plaintiffs in the sum of $330 for money advanced; that the plaintiffs had orally agreed to supply the materials in question but had not contracted, to furnish the labor or to construct said walls; and that the plaintiffs were not responsible for any faulty construction since they had not entered into any construction

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contract. Judgment was entered in favor of the plaintiffs for $697.87, and denying the defendant any relief under his cross-complaint. The defendant has appealed from the judgment.

The appeal is based entirely on the contention that the respondents entered into a contract to furnish all of the necessary material and labor and to complete the walls in question at an agreed price; that the plaintiffs are contractors, as defined in section 7026 of the Business and Professions Code; that they were not licensed contractors at the time the work was performed; and that not being licensed they are prohibited from maintaining the action by the provisions of section 7031 of that code.

It is conceded that the respondents were not licensed as contractors. It appears from the evidence that they were in the business of manufacturing and selling pumice blocks for construction purposes, that they also sold other materials, and that they had not previously undertaken any construction work, or agreed to do so. Being desirous of building a “block” house the appellant contacted the respondents for the purpose of obtaining information with respect to such material and the cost of construction. He furnished them with a blueprint and some days later they returned the blueprint, together with a written statement which reads: