Terminix Co. v. Contractors' State etc. Bd

In Terminix Co. v. Contractors' State etc. Bd. (1948) 84 Cal. App. 2d 167, a pest control contractor was charged with violating several sections of the Contractors License Law, including section 7109, which, at the time provided for a "willful, material and prejudicial departure from or disregard of plans or specifications," and section 7113, which provides for a "material failure to complete an operation for the contract price." On appeal, the court found that the allegations against the contractor failed because there was no substantial injury to the plaintiffs. Before the hearing, two of the plaintiffs had reached a fair settlement with the contractor, which gave them more than the trial court found was due to them. The other plaintiff had not paid the contractor anything. As to another plaintiff, the contractor had offered to settle with him on terms more favorable to him than he was entitled to under the findings of the Board's hearing officer. (Terminix Co. v. Contractors' State etc. Bd., supra, 84 Cal. App. 2d 167, 173.)