Rees v. Heyser

I respectfully dissent.

I would reverse the judgment of the trial court on the grounds that the statute of limitations bars recovery. The plaintiff, Heyser, issued Rees a check for $15,000 on December 26, 1968, but did not sue on the implied-in-fact promise to repay1 until July 12, 1975, over six yeas later. The majority holds that Rees’ claim did not accrue, thus the statute of limitations did not begin to run, until Heyser had had reasonable time to perform: six months. I do not agree that this principle should apply in the present case.

In L. Simpson, Handbook of the Law of Contracts, ch. 3…