Levine

This is an appeal hy defendant from a judgment entered in an action for the recovery of money after a trial by the court sitting without a jury.

The chronology of significant events is as follows:

On March 30, 1961, plaintiff filed a verified complaint for money asserting therein four causes of action. In the first cause of action (breach of contract) plaintiff alleged in substance that defendant by oral agreement employed plaintiff “to typeset and make up new pages and effect changes, corrections and revisions on existing pages” for a certain book entitled “Who’s Who in California”; by the terms of the contract defendant promised to pay the sum of $17 for each and every page and the sum of $9 for each and every man hour plaintiff worked on existing pages; that plaintiff made up a total of 124 new pages and expended 571 man hours on effecting changes, etc., on existing pages; that plaintiff did not complete his work by November 1, 1960, but that the delay was caused “solely by reason of defendant’s actions and inactions”; that on or about November 21, 1960, the parties orally modified the aforesaid contract in only one particular—defendant employed plaintiff to typeset names of…