State Codes and Statutes
Statutes > Missouri > T35 > C516 > 516_110What action shall be commenced within ten years.
516.110. 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 inany deed of conveyance of land shall be brought within ten yearsnext after there shall have been a final decision against thetitle of the covenantor in such deed, and actions on any covenantof seizin contained in any such deed shall be brought within tenyears after the cause of such action shall accrue;
(3) Actions for relief, not herein otherwise provided for.
(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.
