Limitations of Actions and Suits

ORS 12.230
Acknowledgment or promise taking contract case out of statute

  • effect of payment


No acknowledgment or promise shall be sufficient evidence of a new or continuing contract, whereby to take the case out of the operation of this chapter, unless the same is contained in some writing, signed by the party to be charged thereby; but this section shall not alter the effect of any payment of principal or interest.

Notes of Decisions

To act as revival of legal obligation, payment made after expiration of limitation period must be made and intended as unqualified payment on obligation with intention to acknowledge balance then due. Culver v. Andres, 26 Or App 809, 554 P2d 541 (1976)

Chapter 12

Notes of Decisions

An action for personal injuries caused by breach of implied warranty is clearly one for which "different limitation is prescribed by statute" under ORS 12.010 and thus is not governed by provisions of this chapter. Redfield v. Mead, Johnson & Co., 266 Or 273, 512 P2d 776 (1973)


Source

Last accessed
Jun. 26, 2021