Fraenkel v. Trescony

Plaintiff sought to recover the unpaid balance allegedly due from defendant for the construction of a grain elevator. Upon the ground that plaintiff failed to allege that he was a licensed contractor (Bus. & Prof. Code, § 7031), defendant’s demurrer to plaintiff’s complaint was sustained without leave to amend. Plaintiff appealed and the judgment was reversed in order to afford plaintiff the opportunity to amend his complaint to show that the construction work was “incidental ... to farming” so as to avoid the state licensing requirement. (Bus. & Prof. Code, § 7049; Fraenkel v. Trescony, 40…