Southern Maryland Oil Company v. Texas Company

NORTHROP, District Judge.

This case is before the court for á ruling on a motion to dismiss, filed by the defendant, The Texas Company. The sole question raised by this motion is whether or not Southern Maryland Oil Company, Inc.’s action is barred by limitations.

The facts — as, for the time being, we must take them — are set forth in a two count complaint as follows: On or about November 28, 1957, and prior thereto, Southern Maryland purchased kerosene, in large volume, from Texas. This kerosene was delivered to the plaintiff from the defendant’s storage tanks in Baltimore and carried, in its…