Chitty v. Horne-Wilson, Inc.

1. The defendants contend that, while the case sounds in tort, it is based upon the breach of a contract, and that consequently the rules of law as to the limitation of actions applicable to contracts rather than those relative to torts govern the time within which the suit could be legally brought.

Concededly, if the plaintiff had not entered into the contract under the terms of which he purchased the furnace, he could not have sustained damage when it is alleged to have exploded. However, the action is not predicated upon the breach of a contract, but rather upon the contention that,…