Diebold Contract Services Inc. v. Morgan Drive Away Inc. - Supreme Court of the State of Oklahoma

Diebold Contract Services Inc. v. Morgan Drive Away Inc.

By Supreme Court of the State of Oklahoma

  • Release Date - Published: 1980-09-23
  • Book Genre: Law
  • Author: Supreme Court of the State of Oklahoma
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Diebold Contract Services Inc. v. Morgan Drive Away Inc. Supreme Court of the State of Oklahoma read online review & book description:

This action was brought after a shippers merchandise was damaged while being transported by a motor carrier. After the shippers (Diebold) goods were damaged on July 26, 1976, defendant-carrier gave written notice of its denial of Diebolds claim on November 12, 1976, thereby beginning the running of a two-year contractual limitation period. On July 13, 1977, Diebold filed an action in New York. In a stipulation dated January 13, 1978, the parties agreed to discontinue the New York action without prejudice and to any forum other than New York. Plaintiff did not institute the present action in New Mexico until eleven months later, December 1, 1978. The District Court of Dona Ana County accepted affidavits from both parties on a motion to dismiss based on the running of the contractual limitation period. That court then treated the matter as a motion for summary judgment and dismissed the complaint.

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