E. A. Davis & Co. v. Richards

NOURSE, P. J.

Plaintiff sued for the unpaid balance due on a sale and installation of a patented kitchen unit consisting of sink, dishwasher and cabinets, with incidentals consisting of changes in electrical outlets, laying of linoleum, painting, etc. In a trial to the court a balance of $1,536.72 was found due and judgment for plaintiff followed.

In their answer the defendants charged that some of the work was improperly and unskillfully performed. The trial court, on substantial evidence, found adversely to this defense and no point is made on that issue in the appeal.

The appellants’ appeal rests wholly on the claim that respondent should not recover because the corporation was not a licensed contractor. In reply the respondent asserts that it was not a contractor within the meaning of section 7026 of the Business and Professions Code, that, if subject to any provisions of that code, it was as a “specialty” contractor controlled by sections 7055 and 7058.

There is no dispute in the facts. They show that the kitchen unit consisted of seven steel wall cabinets, six steel base cabinets, one dishwasher and one sink assembly with garbage disposal. All these were prefabricated and were attached to the floor and the walls. The trial court found that the

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cabinets “were prefabricated and a finished product”; and that it “was not actually fabricated into nor did it become a permanent, fixed part of the defendants’ kitchen.” It also found that “the minor plumbing and electrical wiring . . . was a part of the installation of the finished kitchen cabinets, and was necessary to their proper operation. ...”

All these findings are supported by competent and substantial evidence. The finding that the cabinets did not become permanent fixtures really disposes of the case as was held in

Costello

v.

Campbell,

81 Cal.App.2d 452 [184 P.2d 315].

In support of its judgment the learned trial judge filed an opinion, which we adopt as our reasons for an affirmance of the judgment, and which reads as follows: