Vedder v. Spellman

(concurring) — I agree with the result in this case, but believe that a concurrence is necessary to assure understanding of the limited scope of this decision.

The sole issue presented by this appeal is whether an unlicensed contractor may avoid the bar of RCW 18.27.080 in his action for compensation by suing on a check given as conditional part-payment rather than on the underlying obligation for which it was issued. The record contains nothing to indicate that the check was anything more than the usual conditional payment. See Lincoln County v. Gibson, 143 Wash. 372, 255 P. 119 (1927). Cf.,…