Cooper

Plaintiff sued on a written contract alleging that defendant employed him as an auctioneer to sell farm machinery, then repudiated the contract and hired another. The trial court sustained a special demurrer to the complaint. The sole basis of the court’s order was that plaintiff did not have an auctioneer’s license under a Glenn County ordinance requiring one. The questions on appeal from the judgment following plaintiff’s refusal to amend arise from plaintiff’s contention that he did not have to comply with the ordinance because (1) it is solely a revenue measure adopted contrary to constitution and law, and (2) violation of the ordinance, even if it were valid, does not invalidate his contract. Since the first contention posited is sound, we do not reach the second.

“The general policy of the state is opposed to the raising of revenue by the collection of direct taxes as a condition precedent to the conduct of business. [Citations.] How *178 ever, a noncharter county may require a legitimate business to obtain a license if the county’s purpose is to regulate or to raise funds to be used in regulating the business. ’ ’ In re Gritton, 46 Cal.2d 856, 858-859 [ 300 P.2d 7 ].)…