United States Fidelity & Guaranty Co. v. Truck & Concrete Equipment Co.

The question which this cause presents is whether the statute of limitations to be applied is the two-year statute of limitations, provided by Section 2305.10, Revised Code, or the four-year statute of limitations of the Ohio Uniform Commercial Code, Section 1302.98, Revised Code.

Section 1302.98, Revised Code, provides:

“ (A) An action for breach of any contract for sale must be commenced within four years after the cause of action has accrued. By the original agreement the ‘parties may reduce the period of limitation to not less than one year but may not extend it.” (Emphasis added.)

The cause…