Business Law 5th Edition by David Twomey ,Marianne Jennings ,Stephanie Greene

Exercise 21

Meyers was under contract with Henderson to install overhead doors in a factory that Henderson was building. Meyers obtained the disassembled doors from the manufacturer. His contract with Henderson required Meyers to furnish all labor, materials, tools, and equipment to satisfactorily complete the installation of all overhead doors. Henderson felt the doors were not installed properly and paid less than one-half of the contract price after subtracting his costs for correcting the installation. Because of a business sale and other complications, Meyers did not sue Henderson for the difference in payment until five years later. Henderson raised the defense that because the contract was for the sale of goods, it was barred by the Code's four-year statute of limitations. Meyers claimed that it was a contract for services and that suit could be brought within six years. Who is correct Why [Meyers v Henderson Construction Co., 370 A2d 547 (NJ Super)]