LIMITATION OF ACTIONS - LANDLORD AND TENANT - INSTALLMENT RENT PAYMENTS

Defendant rented a farm from plaintiff under a written lease for five years and then held over under the same terms by an oral agreement. Plaintiff brought an action for arrearages in rent payments, claiming that the four-year statute of limitations on open book accounts was applicable, but defendant alleged that the two-year statute on oral contracts barred the action. Held, the two-year statute was applicable and barred the action. When rent is payable in specified monthly sums, the statute runs from the respective date when each installment falls due.

Tillson v. Peters, 41 Cal. App. (2d) 671, 107 P. (2d) 434 (1940).