Rosell v. Silver Crest Enterprises

STEVENS, Judge.

This appeal involves a suit brought by the appellee, Silver Crest Enterprises, against the appellants, Phoenix fence contractors who had done business in Yuma, to recover the purchase price of a fence built at appellee’s drive-in theatre in Yuma, Arizona.

In August of 1963, appellant proposed and contracted to build a chainlink fence for the appellee. The fence was to be used by the appellee for the purpose of screening out annoying lights from the screen of the drive-in theatre.

The local manager for appellant in Yuma, at the time the contract was entered into, was one Nestor…