A. F. PYLANT, INC. v. ESCAMBIA TREATING COMPANY

No. 18102.

276 F.2d 924 (1960)

A. F. PYLANT, INC., Appellant, v. ESCAMBIA TREATING COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied May 30, 1960.


Attorney(s) appearing for the Case

M. M. Roberts, Hattiesburg, Miss., Jesse W. Shanks, Purvis, Miss., for appellant.

Joe J. Harrell, Pensacola, Fla., Jones and Harrell, Pensacola, Fla., for appellee.

Before RIVES, Chief Judge, and TUTTLE and WISDOM, Circuit Judges.


PER CURIAM.

The judgment is affirmed. The only contention of appellant which merits comment is its claim that the action was barred by the statute of limitations. The contract called for the treatment of 20,000 to 40,000 cross-ties. By November 20, 1954, 24,985 ties had been completed. Additional ties were treated on January 20, 1955, at which time appellant had not expressly repudiated or breached the contract. The statutory period must therefore be held to have...

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