§55-2-6. Actions to recover on award or contract other than
judgment or recognizance.
Every action to recover money, which is founded upon an award,
or on any contract other than a judgment or recognizance, shall be
brought within the following number of years next after the right
to bring the same shall have accrued, that is to say: If the case
be upon an indemnifying bond taken under any statute, or upon a
bond of an executor, administrator or guardian, curator, committee,
sheriff or deputy sheriff, clerk or deputy clerk, or any other
fiduciary or public officer, within ten years; if it be upon any
other contract in writing under seal, within ten years; if it be
upon an award, or upon a contract in writing, signed by the party
to be charged thereby, or by his agent, but not under seal, within
ten years; and if it be upon any other contract, express or
implied, within five years, unless it be an action by one party
against his copartner for a settlement of the partnership accounts,
or upon accounts concerning the trade or merchandise between
merchant and merchant, their factors or servants, where the action
of account would lie, in either of which cases the action may be
brought until the expiration of five years from a cessation of the
dealings in which they are interested together, but not after.
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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