Effective - 28 Aug 1939
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.
Structure Missouri Revised Statutes
Title XXXV - Civil Procedure and Limitations
Chapter 516 - Statutes of Limitation
Section 516.010 - Actions for recovery of lands commenced, when.
Section 516.020 - Right of possession not affected by descent.
Section 516.030 - Disabilities — twenty-one years.
Section 516.040 - Possession of land under color of title, effect.
Section 516.050 - Limitation where person under disability dies.
Section 516.070 - Limitation where equitable title to land emanates from government.
Section 516.080 - When legal title has not emanated from the United States.
Section 516.090 - Statute not to extend to certain lands.
Section 516.095 - Action for breach of covenant restricting land use, barred, when.
Section 516.098 - Surveys of land error or omissions — action must be brought when.
Section 516.100 - Period of limitation prescribed.
Section 516.103 - No tolling by filing of administrative actions, certain suits.
Section 516.105 - Actions against health care and mental health providers (medical malpractice).
Section 516.110 - What action shall be commenced within ten years.
Section 516.120 - What actions within five years.
Section 516.130 - What actions within three years.
Section 516.140 - What actions within two years.
Section 516.145 - What actions within one year.
Section 516.150 - No action to foreclose mortgage after note barred.
Section 516.160 - In account current, when cause of action accrued.
Section 516.170 - May delay filing of action, when.
Section 516.180 - On death of person under disability, cause of action survives.
Section 516.190 - Limitations on actions originating in other states.
Section 516.210 - Time not to be computed during a war.
Section 516.220 - Not to apply to what.
Section 516.230 - Further savings in cases of nonsuits.
Section 516.240 - If defendant dies, when and against whom new suit to be brought.
Section 516.250 - Suit abated by death of plaintiff, when — when and by whom new suit brought.
Section 516.260 - Suit stayed by injunction, time not computed.
Section 516.270 - Disability not to avail, unless.
Section 516.280 - Limitation not to be extended by improper acts of defendant.
Section 516.290 - Effect of two or more existing disabilities.
Section 516.300 - Actions otherwise limited.
Section 516.310 - Demands against corporations.
Section 516.320 - Actions barred, only revived by written promise.
Section 516.330 - One joint debtor cannot revive a demand against other debtor.
Section 516.340 - Sections 516.320 and 516.330 construed.
Section 516.360 - Sections 516.010 to 516.370 to apply to the state as well as to private parties.
Section 516.370 - Limitation not to apply to setoffs, when.
Section 516.371 - Limitation on action for sexual contact by certain persons.
Section 516.380 - Actions on penal statutes to be brought in one year.
Section 516.390 - When penalty goes to the state, within two years.
Section 516.400 - When penalty goes to party aggrieved, three years.
Section 516.410 - Sections 516.380 to 516.400 construed.