Connecticut § 52-581 - Action on oral contract to be brought within three years.

§ 52-581. Action on oral contract to be brought within three years.

Sec. 52-581. Action on oral contract to be brought within three years. (a) No action founded upon any express contract or agreement which is not reduced to writing, or of which some note or memorandum is not made in writing and signed by the party to be charged therewith or his agent, shall be brought but within three years after the right of action accrues.

(b) This section shall not apply to causes of action governed by article 2 of title 42a.

(1949 Rev., S. 8320; 1961, P.A. 116, S. 24; P.A. 82-160, S. 249.)

History: 1961 act excepted causes of action governed by article 2 of title 42a; P.A. 82-160 deleted the exception for “actions for a debt due by book or actions founded on proper subjects of book debt”, rephrased the section and inserted Subsec. indicators.

Applies to actions to recover unliquidated damages for nonperformance of executory contracts. 52 C. 146. Cited. 56 C. 25. When applied to suit against surgeon for breach of implied contract to use reasonable care and skill. 103 C. 720; 119 C. 507; 127 C. 386; 134 C. 259. Applied to oral agreement to pay wages during incapacity and to reemploy in consideration of waiver of right to damages for injury. 114 C. 732; 134 C. 259. Does not apply to action by employee to recover overtime pay and liquidated damages under federal Fair Labor Standards Act. 134 C. 246. History of section. Id., 258. Distinguished from Sec. 52-576; this section is restricted to executory contracts. Id., 259. Proof of existence and performance of contract unenforceable because of statute of frauds is a sufficient answer to defense of statute of limitations by showing that no action brought earlier could be maintained. Id., 536. Since contract was executed and all that remained was to pay plaintiff, section does not bar action. 134 C. 585. Applies only to executory contracts. Id.; 135 C. 179. Statute of limitations to run from the time when the cause of action accrues. 144 C. 170. When plaintiff's performance on oral contract has been completely executed, Sec. 52-576 and not this section establishes applicable limitation period. 170 C. 243. Cited. 210 C. 734; 214 C. 464; 217 C. 340.

Cited. 17 CA 159; 18 CA 525; 33 CA 702; 39 CA 289. Section's 3-year statute of limitations applies only to executory contracts and, therefore, did not apply to executed oral contract; 6-year statute of limitations in Sec. 52-576 applied. 76 CA 599. If a legal malpractice case is not ripe for adjudication until damage caused by alleged malpractice becomes evident upon final judgment in the underlying action, statute is tolled until such final judgment is rendered. 89 CA 690. Granting of motion for summary judgment in legal malpractice action on ground that action was commenced beyond the applicable statute of limitations was proper because statute of limitations began to run despite pendency of an appeal. 110 CA 679.

When statute begins to run. 3 CS 209. Applies to actions to recover unliquidated damages for nonperformance of executory contracts. 8 CS 264. Cited. 9 CS 401; Id., 522. History and scope discussed. 13 CS 174. Statute is tolled from incurrence of legal not apparent damage. 14 CS 464. Applies to suits based upon oral contract of employment under Fair Labor Standards Acts of 1938. 15 CS 3. Cited. 17 CS 61. Procedure required herein cannot be circumvented to avoid the 3-year limit set. 31 CS 434. Application restricted to executory contracts only, in contrast to application of Sec. 52-576 to contracts where party has fully performed. 37 CS 735. Cited. 39 CS 458.

Cited. 4 Conn. Cir. Ct. 367.

Subsec. (a):

Permits statutory requirement of a contract in writing to be satisfied by juxtaposition of two documents, each denoting the agreement of one of the parties, but not juxtaposition of two inconsistent documents; assumes existence of an underlying contractual commitment and addresses only the requirement of a written memorial thereof. 83 CA 715.