Miller v. William A. Smith Constructing Co.

The opinion of the court was delivered by

Fromme, J.:

The Court of Appeals in an unpublished opinion affirmed the district court’s judgment in this case holding all claims were barred by the three-year statute of limitations, K.S.A. 60-512(1). This statute covers actions brought upon obligations not in writing. We granted review to consider whether the five-year statute of limitations, K.S.A. 60-511(1), should govern. K.S.A. 60-511(1) provides:

“The following actions shall be brought within five (5) years: (1) An action upon any agreement, contract or promise in writing.”

The defendant, William…