What is the effect of the statute of limitations on a claim for damages arising out of the death of a promisor?
California, United States of America
The following excerpt is from Kennedy v. Bank of America, 237 Cal.App.2d 637, 47 Cal.Rptr. 154 (Cal. App. 1965):
This statement certainly does not aid the plaintiff here. The executor relies upon the same statement in the same case and as restated in Chahon v. Schneider, supra, 117 Cal.App.2d 334, at page 335, 256 P.2d 54, to support its contrary contention. It is pointed out that in this case the services terminated in 1953 at which time the executor contends the statute commenced to run.
However, in the case of Rooney v. Sullivan, 169 Cal.App.2d 432, 337 P.2d 543, the services terminated over two years prior to the death of the promisor. As to the contention that the statute of limitations barred action on the claim for services, the reviewing court held, at page 434, 337 P.2d at page 544:
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