This section contains the nature of the case and procedural background.

Toms (P) performed substantial landscaping services for Brant (D). The work actually done far and away exceeded written price estimates but P's workmen on the site were continuously directed to do extra work without formal quotation and with the knowledge and consent of D. D paid for the work done in the fall and winter of 1973 without protest. D paid $36,000 for the work presently at issue on an estimate of $10,000. The trial court found that P could recover under an implied contract and awarded him monies on a time for labor, equipment used, and materials furnished. P was awarded $53,410.92. D appealed.

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