Miller v. Superior Court in and for County of Pima

KRUCKER, Judge.

We are called upon to review by certiorari the trial court’s refusal to dismiss a complaint filed against the petitioner in a suit to recover an alleged balance due under a contract. In order to pass upon the correctness of the ruling complained of, we must resolve the following question: Is a subdivider-owner of real property who hires a licensed contractor to construct dwellings in a subdivision owned by him and who contracts with members of the general public for the sale of such dwellings required to be licensed as a contractor ?

The pertinent facts are as follows. The real…