Hayes v. Harwood

The plaintiffs brought suit to recover from the defendants money paid for electrical work done by an unlicensed electrician, as well as damages for improper performance of the work. After several unsuccessful scheduling attempts the matter finally came on for hearing. When the plaintiffs did not appear to prosecute their action the defendants moved to dismiss the cause on two grounds: first, under V.R.C.P. 41 for failure to appear and present their case; and, second, on the substantive grounds that once payment has been voluntarily made under a contract made illegal by a licensing statute…