Filmservice Laboratories, Inc. v. Harvey Bernhard Enterprises Inc.

Filmservice Laboratories, Inc. (Filmservice) appeals from a judgment (order of dismissal) following the sustaining of the demurrer of defendant Harvey Bernhard Enterprises, Inc. (Bernhard) to its third amended complaint, without leave to amend. The central question in this appeal is whether the oral contract between the parties was to provide services and thus subject to a two-year statute of limitations, or for the sale of goods and subject to a four-year statute of limitations. We hold that the contract was to provide services, subject to the two-year statute, and we affirm the judgment.

Factual and Procedural Statement

On September 29, 1986, Filmservice filed a complaint against Producers Distribution Company (Producers) and Bernhard for damages in the sum of $39,115.84, plus interest from June 27, 1983, at the legal rate. The first cause of action was pleaded on an open book account for money due within the last four years. The second cause of action pleaded an oral contract between Filmservice and Producers.

The complaint alleged: Pursuant to an oral contract Filmservice agreed to manufacture release prints of the motion picture entitled “The Mack” (The Mack) at…