(DOWNLOAD) "Motivated Management International v." by Supreme Court Of Utah # eBook PDF Kindle ePub Free
eBook details
- Title: Motivated Management International v.
- Author : Supreme Court Of Utah
- Release Date : January 19, 1979
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
STEWART, Justice The principal issue in this case is whether the complaint was properly dismissed for failure to state a claim because plaintiff performed the work of a contractor without being licensed as a contractor. We reverse and remand. On September 19, 1977, the plaintiff filed an action to foreclose a materialmen's lien. Plaintiff had sold defendants material for a package home which contains all the parts necessary to complete a house. Plaintiff also agreed to perform certain aspects of the actual construction. On October 5, 1977, a motion to dismiss for failure to state a claim was filed, and on October 27, 1977, the plaintiff lodged a motion for leave to amend and an amended complaint with the court. The trial court did not formally act on the motion to amend. The heart of the controversy is whether this action was properly dismissed because the plaintiff performed the duties of a contractor as defined by § 58-23-3(3), U.C.A. (1953), as amended, and therefore was barred from recovery because it is not a licensed contractor. See Olsen v. Reese, 114 Utah 411, 200 P.2d 733 (1948). The Finneys also contend that plaintiff is entitled to no relief, in any event, because the complaint sought only to foreclose an alleged materialmen's lien which defendants claim is defective and did not seek a judgment of personal liability against defendants.