Citizens Utilities Co. v. American Locomotive Co.

Chief Judge Desmond.

As this appeal comes to us we must determine the correctness of decisions below which dismissed on the pleadings causes of action numbered 1, 2, 4, 7 and 8 and granted summary judgment in favor of defendant on a Statute of Limitations ground as to cause of action numbered 9. All of these counts except number 9 derive from the manufacture and sale by defendant for and to plaintiff under a 1948 contract for a price of $292,480 of four generating sets for plaintiff’s electric generating plant in Nogales, Arizona. The ninth cause of action is alleged as having arisen out of a…