Reiss v. Pacific Steel Pool Corp.

This is a motion on behalf of the defendant for summary judgment.

The action is one to recover for goods sold and delivered. Apparently the goods involved were sold and delivered to defendant between February 26, 1965 and May 25, 1965. The terms of payment were “ Net 30 days, F. O. B. Shipping Point ”. The instant action was commenced on November 25, 1969.

The defendant now moves on the ground that the action is time-barred by section 2-725 of the Uniform Commercial Code which provides a four-year Statute of Limitations. Plaintiff opposes the motion and alleges that the six-year Statute of…