§55-2-8. Acknowledgment by new promise.
If any person against whom the right shall have so accrued on
an award, or on any such contract, shall by writing signed by him
or his agent promise payment of money on such award or contract,
the person to whom the right shall have so accrued may maintain an
action or suit for the moneys so promised within such number of
years after such promise as it might originally have been
maintained within upon the award or contract, and the plaintiff may
either sue on such a promise, or on the original cause of action,
and in the latter case, in answer to a plea under the sixth
section, may, by way of replication, state such promise, and that
such action was brought within such number of years thereafter; but
no promise, except by writing as aforesaid, shall take any case out
of the operation of the said sixth section, or deprive any party of
the benefit thereof. An acknowledgment in writing as aforesaid,
from which a promise of payment may be implied, shall be deemed to
be such promise within the meaning of this section.
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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