CARL ROSE & SONS READY MIX v. THORP SALES

No. 7723SC662.

245 S.E.2d 234 (1978)

36 N.C. App. 778

CARL ROSE & SONS READY MIX CONCRETE, INC. v. THORP SALES CORPORATION.

Court of Appeals of North Carolina.

June 20, 1978.


Attorney(s) appearing for the Case

Finger, Park & Parker, by Raymond A. Parker, II, and Daniel J. Park, Elkin, for plaintiff appellee.

Womble, Carlyle, Sandridge & Rice, by William C. Raper, Winston-Salem, for defendant appellant.


ARNOLD, Judge.

I.

The trial court erred in denying defendant's motion to dismiss pursuant to G.S. 1A-1, Rule 12(b). The statute of limitations period for actions on a contract is three years and begins to run on the date on which plaintiff is entitled to institute an action, i. e. the date the contract is broken. Pickett v. Rigsbee, 252 N.C. 200, 113 S.E.2d 323 (1960). In the...

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