Silver v. North Carolina Board of Transportation

PARKER, Judge.

Defendant assigns error to the denial of its motion to dismiss plaintiffs action on the ground that it was brought more than three years after the date of the consent judgment. The three-year period of the statute of limitations governing actions based on express contracts does not begin to run until the alleged breach occurs and the cause of action accrues. Reidsville v. Burton, 269 N.C. 206,152 S.E. 2d 147 (1967); Craig v. Price, 210 N.C. 739, 188 S.E. 321 (1936). Once the statute is pleaded, the burden is on the plaintiff to show that the action was brought within the…