Fausnight v. Perkins

I concur fully in the main opinion.

The question as to the adequacy of Fausnight's assertion of grounds for rejecting the Perkinses' claim for restitution in the trial court is a close one. However, in his opposition to the Perkinses' motion for a summary judgment, Fausnight correctly observed that whether restitution was available for a violation of § 34-14A-5, Ala. Code 1975, was a question of first impression. He then analogized this case to cases involving unlicensed general contractors and cited McRae v.Sawyer, 473 So.2d 1006 (Ala. 1985), as authority for his argument that a remedy for…