Cartwright

This is an appeal from a judgment against Comet Theatre Enterprises, Inc., hereafter Comet, a California corporation, plaintiff in an action against appellees, citizens of Utah, on a common count for money had and received. Recovery was sought by Comet of money voluntarily paid to the defendants for their full performance of a contract for services of a supervisory nature rendered by the defendants to Comet in connection with the construction of the latter’s drive-in theatre. Comet contends that it is entitled to judgment because, as admitted, the defendants were not licensed under California Business and Professions Code, Sections 7025-7031.

On the basis of the Findings of Fact below, we conclude that the defendants were contractors within the meaning of the Business and Professions Code. That Code required contractors to procure a license from a board created 'by the Act. The effect of the defendants’ failure to get a license is stated in Loving & Evans v. Blick, 33 Cal.2d 603 , 204 P.2d 23 where the California court held a contract made by an unlicensed contractor is illegal and void. The only provisions of the Act imposing sanctions on unlicensed persons are Section 7030…