Carl Rose & Sons Ready Mix Concrete, Inc. v. Thorp Sales Corp.

ARNOLD, Judge.

I

The trial court erred in denying defendant’s motion to dismiss pursuant to G.S. 1A-1, Rule 12b. The statute of limitations period for actions on a contract is three years and begins to run on the date on which plaintiff is entitled to institute an action, i.e. the date the contract is broken. Pickett v. Rigsbee, 252 N.C. 200, 113 S.E. 2d 323 (1960). In the case sub judice, the trial court correctly concluded that the statutory period began to run on 11 August 1973, the date on which the defendant was to deliver title to the truck. The date on which the statute of limitations…