Iowa Manufacturing Co. v. Joy Manufacturing Co.

MR. CHIEF JUSTICE HASWELL,

specially concurring:

I concur with the foregoing opinion on all issues excepting the issue concerning the statute of limitations. I concur in the result of that issue but not in its rationale.

My quarrel is with the application of the four-year statute of limitations on sales in the Uniform Commercial Code, section 30-2-725, MCA. In my view the applicable statute of limitations is the five-year statute of limitations on implied contracts.

This case is an action for indemnity based on breach of an express written warranty. An action for common-law indemnity is based on…