Pace v. Hanson

MOLLOY, Judge.

This is an appeal from a summary judgment declaring null and void a note and realty mortgage given by the plaintiffs, husband and wife, to the defendant in exchange for a commitment by the defendant to provide to the plaintiffs a “shell house” 1 to be delivered by the defendant on a lot owned by the plaintiffs. The defendant is not licensed as a contractor and the decision below is predicated upon the conclusion that the contract between the parties was illegal in that it violated our statutes regulating the business of contracting. A.R.S. § 32-1101 et seq.

Pertinent facts are…