Moss Theatres, Inc. v. Turner

(specially concurring).

I concur. This opinion will supplement the opinion of Judge Hernandez.

On May 11, 1978, Moss and Turner entered into a verbal agreement wherein Turner agreed to build a high chain-link fence atop an existing board fence around a part of the Moss Drive-In Theater. To effect this agreement, Turner executed a Bill of Sale form with Moss as the purchaser which stated the amount of the contract price and the materials to be installed. Although the form referred to Moss as the purchaser and Turner as seller, it was, in fact, a part of the contract by Turner to build a…