LE Talcott & Sons, Inc. v. Aurora Corporation

RODNEY, District Judge.

This was a motion to dismiss the complaint for failure to state a cause of action upon which relief can be granted, the motion being based on the Statute of Limitations. 1

The facts must be largely ascertained from the complaint alone.

It is alleged Aurora Corporation, the defendant (formerly Dearborn Motors Corporation), prior to January 22, 1953, “sold and/or consigned” to the plaintiff, L. E. Talcott & Sons, Incorporated (then doing business under the corporate title of The Nicoll Talcott Corporation), “A ‘Dearborn’ Tractor and Loader”; 2 that on or about January 22,…