Rose v. Vulcan Materials Co.

T. Rose (plaintiff) leased his stone quarry to Dooley for ten years and separately agreed that Dooley would sell Rose stone at set prices over that period, under a sealed contract. When Dooley later wanted out so he could sell his business to Vulcan Materials Co. (defendant), Rose agreed only if Vulcan assumed Dooley's contractual obligations in writing; Vulcan did so by letter, sold stone at the agreed price for a year, then raised its prices. With no practical alternative supplier, Rose paid the higher prices under protest for seven years before suing for breach of the stone-pricing agreement. The trial court applied the ten-year statute of limitations for sealed contracts and ruled for Rose; Vulcan appealed, arguing its obligations came only from its unsealed assumption letter, triggering the shorter three-year limitations period.