Legal Opinion
D.A. Foley Co. v. State of California
California Court of Appeal
Decided December 18, 1931No. Docket No. 7397PublishedCited by 3 opinions
1Opinion of the CourtSturteyant, J.
The plaintiff sued to recover a judgment for damages because of an alleged breach of warranty contained in a construction contract. The defendant answered and a trial was had before the court. The court made a finding that the action was barred by the statute of limitations. The plaintiff has appealed.
The plaintiff frankly states that the only point in the appeal is whether the action is barred by the statute of limitations. (Stats. 1893, p. 57, sec. 2.) The alleged breach occurred in March, 1925; the contract was completed in February, 1926; the plaintiff presented his claim to the board of…
2Cases cited21 opinions
- United States v. Atlantic Dredging Co.Supreme Court of the United States · 1920
- Lattin v. GilletteCalifornia Supreme Court · 1892
- Williams v. BerginCalifornia Supreme Court · 1897
- County of San Luis Obispo v. GageCalifornia Supreme Court · 1903
- Lilly-Brackett Co. v. SonnemannCalifornia Supreme Court · 1910
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3Cited by3 opinions
- Fleishbein v. Western Auto Supply AgencyCalifornia Court of Appeal · 1937
- Hollywood Turf Club v. DaughertyCalifornia Supreme Court · 1950
- Tucker v. New York Life Ins. Co.Utah Supreme Court · 1945