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JEFFERSON v. J.E. FRENCH CO.

Docket No. S.F. 20297.

54 Cal.2d 717 (1960)

355 P.2d 643

7 Cal. Rptr. 899

CARL E. JEFFERSON, Appellant, v. J.E. FRENCH COMPANY et al., Respondents.

Supreme Court of California. In Bank.

October 6, 1960.

Attorney(s) appearing for the Case

Lew M. Warden, Jr., for Appellant.

Robert D. Raven, Russell E. Teasdale and Morrison, Foerster, Holloway, Shuman & Clark for Respondents.

GIBSON, C.J.

A demurrer was sustained to plaintiff's complaint upon the ground that the action was barred by the statute of limitations, and the question is whether the applicable statute is section 339, subdivision 1, of the Code of Civil Procedure (two years for an action "upon a contract, obligation or liability not founded upon an instrument of writing") or section 343 (four years for an action as to which no other limitation is specified).

The complaint...

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