Freeto Construction Co. v. American Hoist & Derrick Co.

The opinion of the court was delivered by

Kaul, J.:

Plaintiff-appellant appeals from an order of the trial court which sustained motions for defendant and third party de fendant for dismissal of plaintiff’s action. The motions were made at pretrial conference and were based on the ground that plaintiff’s action was barred by applicable statutes of limitation.

For convenience the appellant will be referred to as Freeto or plaintiff and appellees as American Hoist and Wamer-Swazey or ■collectively as defendants.

There is no dispute in the facts which are collected from the pleadings,…