Dwight

This is an appeal from a judgment foreclosing a mechanic’s lien. Kenneth Burgess, a licensed contractor, owned a parcel of real property in Santa Clara County. He and the plaintiff-respondent formed a partnership to build a house on the property. Respondent had no contractor’s license then or at any time pertinent to this action. During the course of construction, the partnership was dissolved and Burgess conveyed to respondent the real property on which the house was being erected. Respondent continued with the construction work and when the house was “framed completely” with wiring and plumbing installed, he and his wife entered into a contract to sell the property to the appellant for the sum of $32,500. The house was to be completed and the property conveyed to appellant free and clear of encumbrances except for a first lien securing a note for the sum of $15,000 which the purchaser was to assume. The balance of the purchase price was to be paid and the conveyance made within 60 days.

The contract contained the following clause, “agreement to be written to meet buyer and seller’s approval as to changes to be made to said property. A set of blue prints of the dwelling on said…