Davis v. Eyler

The question here is whether the six year statute or the fifteen year statute applies. If the six year statute applies the action is barred. If the fifteen year statute applies, then the .action is not barred. This question depends upon a reading and interpretation of 11,221 and 11,222 GC.

Section 11,221 provides that: •

“An action upon a specialty or agree.ment, contract or promise in writing, shall be brought within fifteen years after the cause thereof accrued.” Section 11,222 provides that:

“An action upon a contract not in writing, express or implied, * * * shall be brought within six years…