Howard v. Ritchie
Supreme Court of Kansas
Error from Shawnee District Court. This case involves only a construction of the statute limiting the time for bringing civil actions, ancl for the purposes of the decision, and the grounds therefor, the facts are sufficiently stated in the opinion. ■ The question tvas, whether the action arose ex contractu, or ex delicto. The district court held that it arose ex delicto, and was barred. The plaintiff, excepted, and brings the case here by petition in error.
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Error from Shawnee District Court. This case involves only a construction of the statute limiting the time for bringing civil actions, ancl for the purposes of the decision, and the grounds therefor, the facts are sufficiently stated in the opinion. ■ The question tvas, whether the action arose ex contractu, or ex delicto. The district court held that it arose ex delicto, and was barred. The plaintiff, excepted, and brings the case here by petition in error. The 2d subdivision of § 18 of the civil code limits the time within which an action may be brought upon contract not in writing, express…
1Opinion of the Court
*103The opinion of the court was delivered by
Brewer, J.:
The petition sets forth a contract for services;; that the services Avere to be rendered Avith care and skill; that they Avere carelessly and negligently performed; that in consequence thereof the personal property of .plaintiff was injured,,- and that the carelessness and negligence Aras .the sole cause of the injury. The transaction is alleged to have-happened more than íavo and less than three years before the commencement of this suit. The district court held that this action camewithin the provisions of the third clause of § IS of the…
2Cited by8 opinions
- Crabb v. Swindler, AdministratrixSupreme Court of Kansas · 1959
- Rex v. WarnerSupreme Court of Kansas · 1958
- Jackson v. Central Torpedo Co.Supreme Court of Oklahoma · 1926
- Klingbeil v. SaucermanWisconsin Supreme Court · 1917
- Yeager v. National Cooperative Refinery Ass'nSupreme Court of Kansas · 1970
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