8.01-246 - Personal actions based on contracts.
§ 8.01-246. Personal actions based on contracts.
Subject to the provisions of § 8.01-243 regarding injuries to person andproperty and of § 8.01-245 regarding the application of limitations tofiduciaries, and their bonds, actions founded upon a contract, other thanactions on a judgment or decree, shall be brought within the following numberof years next after the cause of action shall have accrued:
1. In actions or upon a recognizance, except recognizance of bail in a civilsuit, within ten years; and in actions or motions upon a recognizance of bailin a civil suit, within three years, omitting from the computation of suchthree years such time as the right to sue out such execution shall have beensuspended by injunction, supersedeas or other process;
2. In actions on any contract which is not otherwise specified and which isin writing and signed by the party to be charged thereby, or by his agent,within five years whether such writing be under seal or not;
3. In actions by a partner against another for settlement of the partnershipaccount or in actions upon accounts concerning the trade of merchandisebetween merchant and merchant, their factors, or servants, within five yearsfrom the cessation of the dealings in which they are interested together;
4. In actions upon any unwritten contract, express or implied, within threeyears.
Provided that as to any action to which § 8.2-725 of the Uniform CommercialCode is applicable, that section shall be controlling except that in productsliability actions for injury to person and for injury to property, other thanthe property subject to contract, the limitation prescribed in § 8.01-243shall apply.
(Code 1950, §§ 8-13, 8-17, 8-23; 1964, c. 219; 1966, c. 118; 1977, c. 617.)