Vaughn

Plaintiff appeals from judgment after jury verdict in favor of defendants in an action to foreclose a mechanic’s lien.

Questions Presented

1. Is the jury’s finding that plaintiff, who was unlicensed, was acting as a contractor supported by the evidence?

2. Is the action moot because of satisfaction of the judgment?

Record

Plaintiff is a retail nurseryman, doing business at Woodland under the name of Vaunlanda Gardens Nursery, having been such since 1932. He has a retail sales tax license but does not have a contractor’s license.

Defendants are homeowners who wanted their residence surrounded with plants, shrubs and a lawn. Defendants, who had secured a bid from another nursery, requested plaintiff to look at their yard and suggest plant materials. Plaintiff and defendants discussed ideas and plaintiff tendered and defendants accepted an estimate for a total cost of approximately $750. During the progress of the work suggested changes were made. The most significant was the planting of a complete, ready-to-enjoy lawn of dichondra. When the work was completed, plaintiff tendered a bill for $2,114, based on an hourly rate for labor and a charge for materials plus sales…