Lattin v. Gillette

Citations

• 95 Cal. 317
• 30 P. 545
• 1892 Cal. LEXIS 821

Syllabus

<p>Statute oe Limitations—Two-yeabs Clause—Torts—Construction or Code. — Section 339 of the Code of Civil Procedure, providing that an action upon a contract, obligation, or liability, not founded upon an instrument in writing, must be brought within two years after the cause of action shall have accrued, is applicable to all actions at law not specifically mentioned in other portions of the statute, and includes liabilities arising in consequence of torts committed, as well as those arising from contracts, express or implied, not founded upon an instrument in writing.</p> <p>Id. —Running op Statute — Breach op Contract — Disregard op Duty. — The statute of limitations begins to run against an action for misconduct or negligence from the date when the misconduct or negligence was completed, and it is immaterial whether the negligence out of which the cause of action arises is the breach of an implied contract, or the affirmative disregard of some positive duty.</p> <p>Id. —Right op Action — Future Damages — Knowledge op Negligence. — The right to maintain an action for negligence is distinguished from the measure of damages, and although the entire damage resulting from such negligence may not have been known until the right to a recovery is barred, yet the time within which an action may be brought is not thereby prolonged.</p> <p>Id. —Liability of Searcher op Records — Limitation op Action for Negligence— Loss OP Title within Two Tears. — One who holds himself out as an examiner of titles is bound to exercise skill and care in making the examination, and is liable in damages for a failure to exercise such skill and care; but an action against a searcher of records, for damages resulting from his negligence in the examination and report upon the condition of the title to realty, must be commenced within two years after the giving of the report, or it is barred by the statute of limitations, although the plaintiff was deprived of a portion of the land by means of a