☰ Revisor of Missouri

Title XXXV CIVIL PROCEDURE AND LIMITATIONS

Chapter 516

Effective - 28 Aug 1939 bottom

  516.110.  What action shall be commenced within ten years. — Within ten years:

  (1)  An action upon any writing, whether sealed or unsealed, for the payment of money or property;

  (2)  Actions brought on any covenant of warranty contained in any deed of conveyance of land shall be brought within ten years next after there shall have been a final decision against the title of the covenantor in such deed, and actions on any covenant of seizin contained in any such deed shall be brought within ten years after the cause of such action shall accrue;

  (3)  Actions for relief, not herein otherwise provided for.

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(RSMo 1939 § 1013)

(1975) An action to collect sum allegedly due for holiday pay for firemen where such claim was based on a city ordinance is a claim on an "obligation" and must be brought within five years. Barberi v. University City (A.), 518 S.W.2d 457.

(1976) Action to recover liquidated damages for breach of a covenant in a lease not to assign or transfer interest in the lease was not based upon a writing for the payment of money but was based on contract and therefore was governed by five-year statute of limitations, section 516.120, and not by section 516.110. Bangert v. Boise Cascade Corp. (C.A.Mo.), 527 F.2d 902.

(1985) Party had ten years, not five, to initiate an action for specific performance of a real estate contract since the action was for the enforcement of a contract and not for breach of contract. Oberle v. Monia (Mo.App.), 690 S.W.2d 840.


---- end of effective   28 Aug 1939 ----

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