Roberta, Inc. v. Trust

Lewis, Chief Justice:

Appellant, an unlicensed residential home builder, entered into a contract to construct a house for respondent; and brought this action to recover amounts paid to third parties for labor and materials furnished in the performance of the contract. This appeal is from an order of summary-judgment holding that this action was barred by the provisions of Section 40-59-130 of the 1976 Code of Laws, since appellant was not licensed as required by Code Section 40-59-70.

Section 40-59-70 requires residential home builders to obtain a license in order to do business in this State;…