Ronan v. Donaroma's Nursery & Landscape Services, Inc.

Plaintiff Paul J. Ronan (“Ronan”), a homeowner in Edgartown on Martha’s Vineyard, executed a written contract in the summer of 2002 with defendant Donaroma’s Nursery and Landscape Services, Inc. (“Donaroma”) for the latter to perform specified services at Ronan’s home for $38,424.00. Included in that cost was a charge of $4,000.00 for supplying and planting a European Beech tree. The parties agree that, to satisfy a requirement of the Town of Edgartown, they orally modified the contract to substitute for the Beech tree an 8’ Zelkova tree at an additional cost. The tree was planted in…