Eureka Cedar Lumber & Shingle Co. v. Knack

Citations

• 95 Wash. 339
• 163 P. 753
• 1917 Wash. LEXIS 792

Syllabus

<p>Limitation op Actions — Removal op Bar — Acknowledgment— Payment — Accepting Credit After Statute Has Run — Statutes. A payment upon a debt after the statute of limitations has run removes the bar of the statute, and there is in effect a cash payment, where, after the statute had run, credit was given upon the debt to the amount of an independent debt not barred by the statute, due to' defendant from plaintiff, after which defendant agreed to pay the debt to plaintiff; in view of Rem. Code, § 176, providing that no acknowledgment or new promise, shall take the case out of the operation of the statute, unless it is in writing and signed but that this shall not alter the effect of any payment of principal or interest; and § 177 providing that, when any payment of principal or interest shall have been made upon any existing contract, if such payment be made after the same shall have become due, the limitation shall commence to run from the time the last payment is made.</p> <p>Sam:e — Statutes—Effect—“Existing” Contract. The statute of limitations does not affect the existence of the contract and a payment upon a contract after the statute has run is a payment upon an “existing” contract.</p>