Howe

Plaintiffs Howe, his wife and adult daughter, who with a minor son occupied the premises of defendant Bennett, under a lease, have appealed from summary judgments entered in favor of their landlord and the manufacturer who allegedly fabricated and installed the gas furnace in the premises. Plaintiffs’ claims for damages for personal injuries based on defendants’ negligence and breach of warranty were dismissed as barred by the statute of limitations. A similar claim asserted on behalf of the minor son was not so dismissed. In addition, the parents’ claim to recover rent for alleged constructive eviction was stricken.

The defendants assert that since the alleged negligence or breach of warranty in the manufacture, installation and maintenance of the defective furnace, and the first alleged injuries resulting therefrom, both occurred more than one year prior to the filing of the complaint, the action was barred by the one-year provision of section 340, subdivision 3, of the Code of Civil Procedure. Plaintiffs, in attacking the lower court’s judgments, which gave legal sanction to the defendants' views, contend that the correct time for the commence ment of the statutory period is…