LEWIS v. GODWIN OIL COMPANY

No. 68SC175.

162 S.E.2d 135 (1968)

1 N.C. App. 570

G. K. LEWIS and wife L. P. Lewis v. GODWIN OIL COMPANY, Inc.

Court of Appeals of North Carolina.

July 10, 1968.


Attorney(s) appearing for the Case

Sullivan & Horne, by Thomas E. Horne, Southport, for plaintiffs appellants.

James, James & Crossley, by Joshua S. James, Wilmington, for defendant appellee.


BRITT, Judge.

The sole question presented on this appeal is: Was the cause of action alleged by plaintiffs barred by the three-years statute of limitations pleaded by defendant? We hold that it was.

The period prescribed for the commencement of this action is three years from the time the cause of action accrued. G.S. § 1-52. Upon the plea of this statute the burden is on plaintiffs to show that they instituted their action within the prescribed period...

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