Vis

The question presented is whether appellant was a “contractor” within the purview of sections 7028 and 7026 of the Business and Professions Code.

Appellant was convicted in the municipal court of the charge that he did “wilfully and unlawfully engage in the business of and act in the capacity of a contractor, without then and there having a license obtained from the Contractors’ State License Board of the State of California authorizing him so to do,” in violation of section 7028 of the Business and Professions Code.

Upon appeal to the Appellate Department of the Superior Court of Los Angeles County the judgment* was reversed.

This court ordered the case transferred to it for hearing and decision upon the certification of said appellate department that such transfer appeared necessary to secure uniformity of decision and to settle an important question of law. (Cal. Rules of Court, rules 62, 63.)

Appellant entered into an oral contract with Mr. and Mrs. Tellefsen in May of 1965 whereby he agreed to provide the labor and materials necessary to landscape the front yard of real property owned by the Tellefsens. Appellant was to remove surface rocks and debris from said premises,…