Legal Opinion

Motivated Management International v. Finney

Utah Supreme Court

Decided November 19, 1979No. 16131PublishedCited by 13 opinions

1Opinion of the Court

STEWART, Justice:

The principal issue in this case is whether the complaint was properly dismissed for failure to state a claim because plaintiff performed the work of a contractor without being licensed as a contractor. We reverse and remand.

On September 19, 1977, the plaintiff filed an action to foreclose a materialmen’s lien. Plaintiff had sold defendants material for a “package home,” which contains all the parts necessary to complete a house. Plaintiff also agreed to perform certain aspects of the actual construction. On October 5, 1977, a motion to dismiss for failure to state a claim…

2Cases cited4 opinions

  1. Olsen v. ReeseUtah Supreme Court · 1948
  2. Fillmore Products, Inc. v. Western States Paving, Inc.Utah Supreme Court · 1977
  3. Liquor Control Commission v. AtlasUtah Supreme Court · 1952
  4. Christensen v. Lelis Automatic Transmission Service, Inc.Utah Supreme Court · 1970

3Cited by13 opinions

  1. Behrens v. Raleigh Hills Hospital, Inc.Utah Supreme Court · 1983
  2. AAA Fencing Co. v. Raintree Development & Energy Co.Utah Supreme Court · 1986
  3. Kinkella v. BaughUtah Supreme Court · 1983
  4. A.K. & R. Whipple Plumbing & Heating v. Aspen ConstructionCourt of Appeals of Utah · 1999
  5. Govert Copier Painting v. Van LeeuwenCourt of Appeals of Utah · 1990

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