HAGER v. BREWER EQUIPMENT COMPANY

No. 7318SC109.

195 S.E.2d 54 (1973)

17 N.C. App. 489

Edward Lee HAGER, Plaintiff, v. BREWER EQUIPMENT COMPANY, Defendant and Third-Party Plaintiff, v. E. E. YOUNTS, INC., and John S. MacBryde Company, Third-Party Defendants.

Court of Appeals of North Carolina.

March 14, 1973.


Attorney(s) appearing for the Case

Smith, Moore, Smith, Schell & Hunter, by Bynum M. Hunter, Greensboro, for defendant and third-party plaintiff appellant Brewer Equipment Co.

Perry C. Henson and Thomas C. Duncan, Greensboro, for third-party defendant appellee John S. MacBryde Co.


GRAHAM, Judge.

The question for decision is whether Brewer's third-party action for indemnity is barred by the three year statute of limitations. G.S. § 1-46; G.S. § 1-52(1) and G.S. § 1-52(5). We hold that it is not and reverse the judgment.

"`In general a cause or right of action accrues, so as to start the running of the statute of limitations, as soon as the right to institute and maintain a suit arises,. . .' 54 C.J.S. Limitations of Actions...

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