Pratt v. Sears Roebuck & Co.

Plaintiffs brought a suit against defendants alleging that they breached a contract entered into for the benefit of a group of individuals, including plaintiffs. The trial court granted defendants’ motions to dismiss on the ground that the action was barred by the statute of limitations. On appeal, plaintiffs contend that their action should not have been barred and that they should be allowed to cure any defect in pleading by amendment. We affirm on both points raised.

On July 2, 1971, a gas-fired water heater which plaintiffs had purchased from defendant Sears exploded and burst into flames,…