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MOSS THEATRES, INC. v. TURNER

No. 4109.

616 P.2d 1127 (1980)

94 N.M. 742

MOSS THEATRES, INC., Plaintiff-Appellant, v. Jerry K. TURNER, d/b/a Turner Fence Company, Defendant-Appellee.

Court of Appeals of New Mexico.

August 14, 1980.

Attorney(s) appearing for the Case

J. Wayne Woodbury, Silver City, for plaintiff-appellant.

Suzanne E. Jollensten, Foy, Foy & Jollensten, Silver City, for defendant-appellee.

OPINION

HERNANDEZ, Judge.

Plaintiff sued defendant for breach of contract, which contract was for the construction of a fence around part of plaintiff's drive-in movie theatre. Plaintiff alleged that defendant had designed and erected the fence in a negligent and unworkmanlike manner. Defendant counterclaimed for the unpaid balance due him. The jury rendered a verdict in favor of defendant and this appeal ensued.

The pertinent facts are these: The...

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