Beery

Defendant employed plaintiff, a landscape gardener, to lay out and plant to flowers, trees, and shrubs, the grounds surrounding the home of the former in the city of Hollywood. The agreement between the parties was verbal and under its terms plaintiff was to purchase the shrubbery required and provide the labor necessary to plant the same, and in consideration thereof defendant was to reimburse plaintiff for the moneys so expended and to pay him in addition thereto fifteen per cent on all moneys so paid out. Plaintiff entered upon the performance of this contract and, after a certain amount of the work required thereunder had been performed, he presented to defendant a statement of the moneys due up to the date thereof. Upon presentation of this statement to defendant, the question of the total cost of the work was discussed by the parties. As a result of this discussion a new contract was entered into between them, whereby plaintiff agreed, for the sum of $2,500 ($1,500 of which was then paid), to perform all the work required for the landscaping of defendant’s grounds, consisting of planting flowers in garden, surrounding swimming pool with six-foot high foliage, planting all…