Hurlburt v. Gillett

Plaintiff seeks to recover damages for defendant’s alleged unskillfulness or improper performance of services as a dentist in treating plaintiff. Defendant pleads the Statute of Limitations which he avers “ requires that an action to recover damages for malpractice must be commenced within two years after the cause of action has accrued, and that this action was not begun within two years from the date when the cause of action is alleged to have accrued.” To this defense plaintiff demurs for insufficiency. Plaintiff urges that his action is for breach of contract, and that the six-year…