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UNITED STATES FIDELITY & GUARANTY CO. v. TRUCK & CONCRETE EQUIPMENT CO.

No. 69-352.

21 Ohio St. 2d 244 (1970)

UNITED STATES FIDELITY & GUARANTY CO., APPELLANT, v. TRUCK & CONCRETE EQUIPMENT CO., APPELLEE.

Supreme Court of Ohio.

Decided March 25, 1970.

Attorney(s) appearing for the Case

Messrs. Spengler, Nathanson, Heyman, McCarthy & Durfee and Mr. Norman J. Rubinoff, for appellant.

Messrs. Slabaugh, Walker, Pflueger, Roderick & Myers and Mr. Robert L. Myers, for appellee.

O'NEILL, J.

The question which this cause presents is whether the statute of limitations to be applied is the two-year statute of limitations, provided by Section 2305.10, Revised Code, or the four-year statute of limitations of the Ohio Uniform Commercial Code, Section 1302.98, Revised Code.

Section 1302.98, Revised Code, provides:

"(A) An action for breach of any contract for sale must be commenced...

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