Townes v. Rusty Ellis Builder, Inc.

¶ 35. While I agree with the decision to reverse the trial court’s grant of summary judgment, I disagree with the majority’s voiding of the Tolling Agreement. This Court has faced the issue of whether a contract may be used to shorten the period of time in which a party may bring an action. See Pitts v. Watkins, 905 So.2d 558, 558 (Miss.2005) (finding the contract unconscionable based on its shortening the statute of limitations). However, we have yet to address an attempt to contractually extend a period of limitations.

¶ 36. I do not agree with the majority’s finding that the lack of a…