Morton v. Texas Welding & Manufacturing Co.

Memorandum and Order

SINGLETON, District Judge.

Both parties having submitted memoranda supporting their respective positions, this court has considered defendant Pat and Chuck Supply Co.’s motion to dismiss the above-styled-and-numbered cause on the grounds that it is barred by the statute of limitations. Such motion is hereby granted in part and denied in part.

Plaintiffs’ cause of action is based partly in tort and partly in contract. Defendant sold a propane truck to the National Propane Company on April 21, 1969, who subsequently delivered the truck to Carib Gas, its subsidiary. Plaintiffs,…