Hartford Accident and Indemnity Company, a Connecticut Corporation v. Heftler Construction Company, a California Corporation

CASTLE, Circuit Judge.

Plaintiff-appellant, hereinafter described as Hartford, as assignee of Paul D. Johnson, filed its complaint against defendant-appellee, hereinafter described as Heftier, on December 27, 1960. The suit was for recovery of sums claimed to be due in the amount of $12,139.70 from Heftier.

Heftier filed a motion to dismiss on the gi-ounds that the filing of the suit was not timely. It asserted that the right to file the action was barred on December 18, 1960 by virtue of the limitation period set forth in the contract upon which Hartford had sued.

The motion to dismiss was…