The plaintiffs' action is not barred by the Statute of Limitations. Section 339 of the Code of Civil Procedure permits the plaintiffs to bring their action within two years from the time the cause of action accrued, and section 353 of the Code of Civil Procedure, upon which appellants rely, is intended " to prolong, but not to curtail the period for suing in the given category." (Smith v. Hall , 19 Cal. 86.)
OPINION By the Court:
The action to compel the specific performance of the agreement mentioned in the complaint was brought within the period limited for its commencement against Whipple, had he lived.
It is not barred merely because it was not brought within one year after the issuance of letters to the defendants. The first clause of section 353 of the Code of Civil Procedure, while it may under some circumstances prolong the time originally limited, cannot operate in any case to shorten it.
Judgment and order affirmed.