STATUTE OF LIMITATIONS (IN YEARS)
Open Acct. for services: 6
Sale of Goods: 4
Written Contract: 6
28-01-16- Actions having six-year limitiations.
The following actions must be commenced within six years after the claim for relief has accrued:
1. An action upon a contract, obligation, or liability, express or implied. Subject to the provisions of section 28-01-15 and 41-02-104.
2. An action upon a liability created by statute, other than a penalty or forfeiture, when not otherwise expressly provided.
3. An action for trespass upon real property.
4. An action for taking, obtaining, or injuring any goods or chattels, including actions for the specific recovery of personal property.
5. An action for criminal conversion, or for any other injury to the person or rights of another not arising upon contract, when not otherwise expressly provided.
6. An action for relief on the ground of fraud in all cases both at law and in equity, the claim for relief in such case not to be deemed to have accrued until the discovery by the aggrevated party of the facts constituting the fraud.
28-01-36. New promise must be in writing in order to extend limitation- Effect of any payment.
No acknowledgment or promise is sufficient evidence of a new or continued 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 does not alter the effect of any payment of principal or interest.
28-01-37. When claim for relief upon open account accrues.
If an action brought to recover a balance due upon a mutual open and current account, when there have been reciprocal demands between the parties, the claim for relief is deemed to have accrued from the time of the last item proved in the account on either side.