Western Union Telegraph Co. v. Massman Construction Co.

KERN, Associate Judge:

Appellant Western Union seeks reversal of the trial court’s ruling that its claim against appellees for recovery of damages is grounded in tort, not contract, and therefore must be dismissed as untimely filed under the applicable statute of limitations, D.C.Code 1973, § 12-301(3), which commenced in its view to run from the date of damage to appellant’s facilities. The court, in dismissing the complaint, rejected appellant’s theory that it was a third-party beneficiary of a contract to which appellees were promisors. Instead, the court found that appellant was merely an…