Fluor Corporation, Ltd. v. Sykes

JOHN A. McGUIRE, Superior Court .Judge.

The appellant herein has filed a motion for rehearing and requested the court to remand the case with instructions to the trial court to enter judgment in favor’ of the appellant. Reference is made to the original opinion which appears in 3 Ariz. App. 211, 413 P.2d 270 (1966). The court is of the opinion that the remand for new trial was correct and adheres to that decision.

Appellant has, however, invited the attention of the court to the portion of the opinion dealing with the refusal of its requested instructions Nos. 1 and 1A and the citation in our…