McBarron v. Kimball

SALSMAN, J.—

Plaintiffs appeal from an adverse judgment in a suit to recover an alleged balance due under a contract for the construction of a house.

In November 1956 George 0. Peshel, hereafter referred to as Peshel, a licensed contractor, entered into a contract with defendant for the construction of a house. A few days later Peshel assigned the contract to plaintiffs, also licensed contractors. Plaintiffs and Peshel jointly performed the contract. At trial, defendant’s defense was that plaintiffs and Peshel had acted as joint venturers and did not possess a license to act as such, as…