D.A. Foley Co. v. State of California

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 control (the successor of the board of examiners) on January 3, 1928; it was rejected by that board on February 16, 1928, and this action was commenced April 3, 1928. By the terms of the statute the plaintiff was bound to commence his action “ . . . within two years after such cause of action shall have accrued . . The question first

arises what was the plaintiff’s cause of action. The trial court remarked that it was breach of warranty or nothing. That remark was clearly correct. The next question is when does the statute commence to run when the cause of action is a breach of warranty.…