Washington Freightliner, Inc. v. Shantytown Pier, Inc.

The majority’s analysis begins with the erroneous premise that the determination of when tender of delivery occurred in this case is a question of law. This incorrect premise leads the majority to state that “the defendants had no burden of persuading the trial court factually that accrual of the claim *639was not postponed until commissioning,” despite the fact that the limitations issue was raised on the defendants’ motion for judgment. (Majority opinion at 624). From this, then, the majority erroneously concludes, as a matter of law, that tender of delivery occurred in this case when the…