Johnson v. Mattox

SALSMAN, J.

Appellants brought this action against the respondents to recover the sum of $7,975 due them for services rendered and materials furnished in the preparation of the grounds of respondents ’ ‘ ‘ California Baseball School. ’ ’ During cross-examination of appellants’ first witness, the court granted respondents’ motion to dismiss the action on the ground that appellants were barred from recovering because none of them were licensed as contractors. (Bus. & Prof. Code, §§ 7026-7059.)

The evidence introduced before the dismissal established the following facts: Respondents asked appellants to help them build a baseball school. Because respondents could not pay cash, it was agreed that stock of the incorporated baseball school would be issued to appellants in payment for their labor and materials. After some oral discussion, appellants submitted a detailed bid, in which they offered to do the following:

1. Install a complete water and sprinkling system $1,250 2. Construct two redwood signs and affix them to the realty in concrete 1,000 3. Affix four metal signs to redwood mountings and affix mountings to the realty in concrete 300 4. Attach netting to frames, set frames in concrete, and mount and bolt machines to concrete bases affixed to the realty 850 5. Construct an exercise stand 300 6. Construct dugouts, including excavating, pouring concrete floor and steps, building walls and roof, and backfilling with dirt 2,400 7. Construct scoreboards and affix to the realty in concrete 840 8. Supply tractor and mowers ■ 650 9. Paint backstops and dugouts •'

Appellants’ bid was accepted and thereafter appellants completed the work and furnished the materials as agreed.

[717]

The baseball school did not prosper however. Some months after the work was completed respondents informed appellants that no stock would be issued. When appellants asked for their stock or money, respondents told them to “Get it the best way you can. ’ ’ This litigation followed.

We have concluded that the trial court’s judgment that appellants take nothing is correct in all respects save one. Appellants should be permitted to recover the stated amount for the tractor and mowers furnished pursuant to the bid accepted by respondents. As to the remaining materials and labor furnished, however, we hold that appellants are barred from recovering by Business and Professions Code section 7031.