Temp-Rite Engineering Co. v. Chesin Construction Co.

MOLLOY, Judge.

This is an appeal from a judgment rendered in favor of the defendants after a retrial ordered in an appellate decision. The Supreme Court of the State of Arizona in Temp-Rite Engineering Co. v. Chesin Construction Co., 91 Ariz. 360, 372 P.2d 701 (1962), determined that there should be a new trial, after a previous judgment in favor of the defendants. In the appellate opinion, our Supreme Court held that the construction contract which is the subject of this action was ambiguous and indefinite as to whether the contract was entire or severable, i. e., as to whether the heating…