516.100. Period of limitation prescribed. - Missouri Statutes

Period of limitation prescribed.

516.100. Civil actions, other than those for the recovery ofreal property, can only be commenced within the periodsprescribed in the following sections, after the causes of actionshall have accrued; provided, that for the purposes of sections516.100 to 516.370, the cause of action shall not be deemed toaccrue when the wrong is done or the technical breach of contractor duty occurs, but when the damage resulting therefrom issustained and is capable of ascertainment, and, if more than oneitem of damage, then the last item, so that all resulting damagemay be recovered, and full and complete relief obtained.

(RSMo 1939 § 1012)

Prior revisions: 1929 § 860; 1919 § 1315; 1909 § 1887

(1972) In suit against abstract company the cause of action shall be deemed to accrue and limitations shall commence to run only from the time when the damage resulting therefrom is sustained and is capable of ascertainment. Thorne v. Johnson (A.), 483 S.W.2d 658.

(1976) Held, statute of limitations begins to run when public service commission determined that rate charged was improper, not when improper charges were made. DePaul Hospital v. Southwestern Bell Telephone (A.), 539 S.W.2d 542.

(1984) Plaintiff's ignorance of his cause of action for legal malpractice prevented the statute of limitations from running where that ignorance was totally caused by the actions of his attorney in failing to dismiss a suit and allowing a default judgment to be entered against his client on a counterclaim without notifying the client. Anderson v. Griffin, Dysart, Taylor, Penner (Mo.App.), 684 S.W.2d 858.