LIMITATION OF ACTIONS - WHAT IS A "WRITTEN" CONTRACT WITHIN STATUTE?
Michigan Law Review
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Abstract
Plaintiff sued on a clause in a deed in which the grantee assumed and agreed to pay a mortgage indebtedness therein specified. This obligation in the deed, being unsigned by the party to be charged, was held to be an unwritten contract by the lower court, and therefore barred by the six-year statute of limitations. Plaintiff appealed. Held, the contract, though unsigned by the party to be charged, was "in writing," and therefore the statutory fifteen-year period of limitations applied.
McCormick v. Taft, (Ohio App. 1938) 22 N. E. (2d) 510.