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L. E. TALCOTT & SONS, INC. v. AURORA CORPORATION

Civ. A. No. 2022.

176 F.Supp. 783 (1959)

L. E. TALCOTT & SONS, INCORPORATED, a Connecticut corporation, and the Century Indemnity Company, a Connecticut corporation, Plaintiffs, v. AURORA CORPORATION, a corporation of the State of Delaware, Defendant.

United States District Court D. Delaware.

July 1, 1959.

Attorney(s) appearing for the Case

William H. Bennethum, Wilmington, Del., for plaintiffs.

Joseph H. Flanzer, Wilmington, Del., for defendant.

RODNEY, District Judge.

This was a motion to dismiss the complaint for failure to state a cause of action upon which relief can be granted, the motion being based on the Statute of Limitations.1

The facts must be largely ascertained from the complaint alone.

It is alleged Aurora Corporation, the defendant (formerly Dearborn Motors Corporation), prior to January 22, 1953, "sold and/or consigned" to the plaintiff, L. E. Talcott...

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