L.E. Bostow v. Lundell Manufacturing Co.

LEVINE, Justice.

The dispositive issue on this appeal is whether or not North Dakota Century Code § 51-07-01 1 applies to an oral con tract for the purchase of farm implements so as to render applicable the six-year statute of limitations for an action upon a liability created by statute, rather than the four-year statute of limitations applicable to an action for breach of a contract for sale. The trial court held that § 51-07-01 did not apply to an oral contract and that plaintiffs action therefore was barred by the four-year statute of limitations. The trial court further determined that…