Miller Farms Nursery, Inc. v. Nedegaard Construction Co.

MEMORANDUM **

Miller Farms Nursery, Inc. appeals from the district court’s order granting summary judgment in favor of defendant Nedegaard Construction Co., Inc. on Miller Farms’ claim that Nedegaard breached both a written and an oral agreement for work performed by Miller Farms on the Golden Bears Casino in Klamath, California between March and August, 1998. Miller Farms argues that the district court erred in concluding that Miller Farms’ action to enforce the oral agreement allegedly entered into on June 17, 1998 was barred by California’s two year statute of limitations for oral contracts for the provision of services, Cal.Civ.Proc.Code § 339 (2002). Miller Farms also contends that the district court erred in deciding that the written agreement of March 9, 1998 was fully performed and not orally modified by the parties. We affirm the district court’s grant of summary judgment on the oral agreement but reverse its decision on the written contract.

Miller Farms argues that the June 17 oral agreement was a mixed contract for goods and services that should be considered primarily a sale of goods and therefore subject to the four year statute of limitations under Cal. Com.Code §…