Welco Construction, Inc. v. Modulux, Inc.

Opinion

SCOTT, J.

Welco Construction, Inc., John Goodwin, Edward Sowell and G. L. Weller (hereinafter collectively referred to as Welco Construction) appeal from a judgment for Modulux, Inc., granted on the trial court’s finding that the plaintiffs’ cause of action was barred by the statute of limitations.

Welco Construction filed its complaint August 22, 1967, some two months after it had been suspended as a corporation for nonpayment of corporate franchise tax. (Rev. & Tax. Code, § 23301.) Modulux filed an answer and cross-complaint. The parties stipulated to various continuances until the…