Geranios v. Annex Investments, Inc.

After sifting down and through the various complexities of pleadings, proof, and legal theories, we find here an action to recover five thousand dollars on the theory of unjust enrichment. It was tried to the court without a jury and was dismissed at the conclusion of the plaintiffs’ case because the action, whatever its theory, was barred by the three-year statute of limitations.

We shall, throughout this opinion, refer to the plaintiffs-appellants as Geranios and to the defendant-respondent as Annex.

July 2, 1945, Annex and Geranios entered into a written contract whereby the former agreed to…