RIVERS MACHINERY CO. v. Barclay Intern., Inc.
RIVERS MACHINERY CO. v. Barclay Intern., Inc.
Opinion
Barclay International, Inc. (hereinafter "Barclay"), a kitchen cabinet door manufacturer in Bay Minette, Alabama, purchased certain equipment for its facility from Rivers Machinery Company, Inc., during the period May 5, 1982, through August 23, 1983. A dispute arose between the two companies regarding the suitability for Barclay's purposes of certain "sanding attachments." Because Barclay had already paid Rivers Machinery approximately $9,000 for the attachments, which it argues were not suitable, Barclay requested a refund in that amount in exchange for a return of the equipment. Rivers Machinery *Page 580 neither retrieved the equipment nor refunded that amount to Barclay, which thereafter refused to pay the invoices on other equipment Rivers Machinery sold to it. By agreement of the parties, Barclay sold a piece of Rivers Machinery equipment on July 1, 1987, and the $5,000 proceeds of that sale were credited to the amount due Rivers Machinery from Barclay. On December 16, 1987, Rivers Machinery sued Barclay for the remaining balance, $7,736.22, plus interest and costs. The trial judge entered summary judgment for Barclay on March 2, 1989, apparently based upon the statute of limitations, but he did not state his reasons. The question on appeal is which limitations period applies.1
Rivers Machinery argues that Ala. Code 1975, §
"(1) An action for breach of any contract for sale must be commenced within four years after the cause of action has accrued. By the original agreement the parties may reduce the period of limitation to not less than one year but may not extend it.
(2) A cause of action accrues when the breach occurs, regardless of the aggrieved party's lack of knowledge of the breach. . . ."
Section
In this case, the sanding attachments are clearly "goods" for which there was a "contract for sale." Section
When the defendant has made a prima facie showing that the statute of limitations defense is applicable, the plaintiff must prove that the action was brought within the limitations period. Cities Serv. Oil Co. v. Griffin,
Thus, the trial court's summary judgment for Barclay was correct.
AFFIRMED.
HORNSBY, C. J., and MADDOX, ADAMS and HOUSTON, JJ., concur.
Reference
- Full Case Name
- Rivers MacHinery Co., Inc. v. Barclay International, Inc.
- Cited By
- 3 cases
- Status
- Published