60-520. Part payment or acknowledgment of liability.

60-520

Chapter 60.--PROCEDURE, CIVIL
Article 5.--LIMITATIONS OF ACTIONS

      60-520.   Part payment or acknowledgment of liability.(a) Effect. In any case founded on contract, when any part of theprincipal or interest shall have been paid, or an acknowledgment of anexisting liability, debt or claim, or any promise to pay the same, shallhave been made, an action may be brought in such case within the periodprescribed for the same, after such payment, acknowledgment or promise; butsuch acknowledgment or promise must be in writing, signed by the party tobe charged thereby.

      (b)   Joint debtors. If there be two or more joint contractors, noone of whom is entitled to act as the agent of the others, no such jointcontractor shall lose the benefit of the statute of limitations so as to bechargeable by reason of any acknowledgment, promise or payment made by anyother or others of them, unless done with the knowledge and consent of, orsatisfied [ratified] by the joint contractor sought to be charged.

      History:   L. 1963, ch. 303, 60-520; Jan. 1, 1964.