Quimbee logo
DMCA.com Protection Status
From our private database of 15,400+ case briefs...

H. Russell Taylor’s Fire Prevention Service, Inc. v. Coca Cola Bottling Corporation

California Court of Appeal
99 Cal. App. 3d 711 (1979)


H. Russell Taylor’s Fire Prevention Service, Inc. (Taylor) (plaintiff) entered into an oral agreement with Coca Cola Bottling Corporation (Coca Cola) (defendant). Pursuant to the agreement, Taylor made deliveries to Coca Cola of cylinders filled with carbon dioxide for use as fire extinguishers. After the termination date of the contract, Taylor demanded the return of hundreds of cylinders in Coca Cola’s possession. Coca Cola failed to return 246 of the cylinders. Taylor filed suit against Coca Cola and then amended its complaint to waive its tort claim for conversion and to proceed in assumpsit or implied contract. The trial court found that Coca Cola’s failure to return the cylinders was a taking and detaining of goods and channels. Because Taylor had waived the tort claim for conversion of goods, the trial court treated the action as based on an implied-in-law contract for the purchase and sale of the cylinders. The trial court found that the four-year statute of limitations of the California Commercial Code (Code) for contract actions was applicable, which meant that the suit was timely filed. Coca Cola appealed, arguing that the Code’s statute of limitations for contract actions was inapplicable and that the correct period was the three-year statute of limitations for tort, under which Taylor’s suit would not be timely.

Rule of Law


Holding and Reasoning (Zenovich, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 321,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 15,400 briefs, keyed to 210 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.