Colchester Security II, L.L.C. v. Krispy Kreme Doughnut Corp.

By Judge R. Terrence Ney

This matter came before the Court on July 26,2012, upon the Plaintiff’s Plea in Bar to Defendant’s Counterclaim.

After oral argument the Court took the matter under advisement to determine (1) whether a cause of action for breach of contract accrues at the time of the formation of the contract or at the time damage is sustained, and (2) whether a cause of action for implied indemnification for costs incurred monthly, due to a continuing alleged breach, is time barred because the first monthly obligation occurred outside the applicable three year statute of limitations.…