BHP Petroleum (Americas), Inc. v. Texaco Exploration and Production, Inc.

THOMAS, Justice.

The issue presented in this case is where, as a matter of law, did a cause of action on a claim for breach of contract arise. In granting a motion for summary judgment in favor of Texaco Exploration and Production, Inc. (Texaco), the district court ruled that the cause of action arose in Colorado, and it invoked the Colorado statute of limitations pursuant to Wyo. Stat. Ann. § 1-8-117 (Lexis 1999). A collateral issue is raised of waiyver of the defense of the statute of limitations by the failure to plead it as an affirmative defense in the answer. We conclude that the…