Jefferson v. J. E. French Co.

A demurrer was sustained to plaintiff’s complaint upon the ground that the action was barred by the statute of limitations, and the question is whether the applicable statute is section 339, subdivision 1, of the Code of Civil Procedure (two years for an action “upon a contract, obligation or liability not founded upon an instrument of writing”) or section 343 (four years for an action as to which no other limitation is specified).

The complaint alleged that under an oral agreement plaintiff was employed as sales manager of defendants’ automobile agency in August 1953 at a specified salary,…