Fray

Defendants appeal from a summary judgment granted to plaintiff.

Plaintiff Fray brought this action for money due under a written contract executed by plaintiff and defendants. Defendants’ demurrer to the complaint was overruled. Defendants answered, admitting the execution of the contract, and as a defense alleged plaintiff was not licensed by the Contractors’ State License Board of the State of California and thus a previously executed logging and clearing agreement, which was the consideration for the contract sued upon, was illegal and void.

Plaintiff moved for summary judgment. In a supporting affidavit plaintiff alleged he had entered into a “Logging and Clearing Agreement” with defendants, a copy of the contract being attached; that some 11 months later plaintiff and defendants entered into a contract entitled “Release of All Interests in Rights of Logging and Clearing Agreement and General Mutual Release, ’ ’ a copy of this contract being attached; that he had performed according to the contract and had released his rights under the logging and clearing agreement; that defendants had agreed to pay plaintiff the sum of $25,000 therefor; and that a balance of $16,000…