Moss Theatres, Inc. v. Turner
New Mexico Court of Appeals
1Opinion of the Court
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 county officials required that plaintiff increase the heighth of the existing fence around its drive-in theatre so as to completely obstruct the view…
2Cases cited10 opinions
- Outboard Marine Corp. v. Superior CourtCalifornia Court of Appeal · 1975
- Bastanchury v. Times-Mirror Co.California Court of Appeal · 1945
- Chavira v. CarnahanNew Mexico Supreme Court · 1967
- The Belt Seed Co. v. Mitchelhill Seed Co.Missouri Court of Appeals · 1941
- Reinhart v. Rauscher Pierce Securities Corp.New Mexico Court of Appeals · 1971
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3Cited by5 opinions
- Albuquerque National Bank v. Albuquerque Ranch Estates, Inc.New Mexico Supreme Court · 1982
- Public Service Co. of New Mexico v. LyonsNew Mexico Court of Appeals · 2000
- Newcum v. LawsonNew Mexico Court of Appeals · 1984
- Moss Theatres, Inc. v. TurnerNew Mexico Court of Appeals · 1980
- Toney v. CoeNew Mexico Court of Appeals · 1992