Southern California Enterprises, Inc. v. D. N. & E. Walter & Co.

78 Cal.App.2d 750 (1947)

SOUTHERN CALIFORNIA ENTERPRISES, INC. (a Corporation), Appellant,

v.

D. N. & E. WALTER & COMPANY (a Corporation), Respondent.

Civ. No. 15385.

California Court of Appeals. Second Dist., Div. Two.

Mar. 25, 1947.

Zagon, Aaron & Sandler, Jacob Paull and Ralph A. Harper for Appellant.

Ben C. Cohen and Leo Shapiro for Respondent.

WILSON, J.

To adopt the theory advanced by respondent and accepted by the trial court relative to the purpose of the statute of limitations would be to ordain the statute as an instrument for the protection of fraud instead of for its prevention. The action…