Coulter v. Sharp

The opinion of the court was delivered by

Harvey, J.:

This is an appeal from an order overruling a demurrer to evidence. The only question we need to discuss is the applicable statute of limitations. The parties appear to agree that this depends on whether the action should be classified as one for dam*29ages for breach of a contract, not in writing, to which the three-year statute applies, or as one for damages for malpractice, to which the two-year statute applies. (R. S. 60-306, clauses 2, 3.)

Briefly stated', the record discloses: In her petition plaintiff alleged that in December, 1928, she…