ZURBACK STEEL CORP. v. EDGCOMB

No. 79-144

120 N.H. 42 (1980)

ZURBACK STEEL CORPORATION v. ROBERT EDGCOMB

Supreme Court of New Hampshire

January 31, 1980


Attorney(s) appearing for the Case

Fisher, Parsons, Moran & Temple, of Dover (Edward T. Clancy orally), for the plaintiff.

Shute, Engel & Frasier, of Exeter (David C. Engel orally), for the defendant.


KING, J.

The issue before this court is whether the trial court properly granted a motion to dismiss the defendant's cross-claim against the plaintiff because at the time the cross-claim was filed it was barred by the statute of limitations, RSA 508:4. We hold that the dismissal was proper.

In August of 1970, the defendant, Robert Edgcomb, allegedly entered into an oral agreement with the plaintiff, Zurback Steel Corporation, whereby the defendant was to perform...

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