Woodson v. Commonwealth Utilities, Inc.

On December 14, 1965, plaintiff B. B. Woodson, trustee in bankruptcy for Sterling R. Decker and Mary Jane Decker, partners trading as Berkeley Community Builders, bankrupt, filed a motion for judgment against the defendant, Commonwealth Utilities, Incorporated, to recover the sum of $37,132.75 alleged to be due Berkeley Community Builders for payments made by the partnership for materials, labor and other charges on behalf of the defendant.

Defendant filed grounds of defense asserting, inter alia, that plaintiff’s claim is barred by the statute of limitations. It averred that plaintiff is…