Louis Wold v. Luigi Consentino & Sons et al.

Summary

The California Court of Appeals considered whether a contractor could obtain an accounting of profits from an allegedly unlicensed joint venture. The court held that the licensing issue did not bar the action for an accounting under Galich v. Brkich, reversed the judgment, and ordered a new trial on all issues; the appeal from the order granting a new trial was dismissed as moot.

Holdings

1. The absence of a license for the joint venture did not bar a party from maintaining an action for an accounting of profits after the completed venture, where both participants were individually licensed contractors and the construction contract had been completed and paid for.
2. The appellate court should not direct judgment for plaintiff; the cause must be retried on all issues.
3. Defendants' appeal from the order granting a new trial became moot upon reversal of the judgment and was dismissed.

Questions Presented

1. Whether parties who were individually licensed contractors could obtain an accounting of profits from a completed joint venture that operated without the additional license required for the joint venture.
2. Whether the evidence supported treating the parties' construction arrangement as a joint venture.
3. Whether the appellate court should direct entry of judgment for plaintiff for one-half of the profits or order a new trial on all issues.
4. Whether defendants' appeal from the order granting a new trial remained justiciable after reversal of the judgment.

Disposition

reversed_and_remanded