Does the statute of limitations commence to run on a contract implied in law from the date of termination of the services?

California, United States of America


The following excerpt is from Vito v. McDonald, 179 Cal.App.2d 509, 3 Cal.Rptr. 842 (Cal. App. 1960):

'The substantial question presented is whether in such cases the statute of limitations commences to run on this contract implied in law from the date of the termination of the services or from the death of the promisor. * * * Demartini v. Katz, supra, 49 Cal.App.2d 67, at page 70, 120 P.2d 944, at page 945, did not consider this question, since we expressly held that as to the period 1910-1914 at which the services had been interrupted there was no evidence.

Page 844

'Unless there is a prior repudiation of the promise to compensate by will of which the promisee has knowledge, in which event the statute might commence to run from the date of such repudiation (Maddox v. Rainoldi, 163 Cal.App.2d 384, 391, 329 P.2d 599), logic compels the conclusion that no cause of action upon the contract implied in law arises until the death of the promisor without carrying out the express promise to compensate by will, since it is the failure of the promisor to carry out the express promise which gives rise to the implied promise to pay the reasonable value. * * *'

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