Di Gregorio Food Products, Inc. v. Racanelli
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In this action pleading claims for suit on account and account stated the Supreme Court reversed and vacated the judgment of the circuit court in favor of DiGregorio Food Products, Inc., holding that the circuit court erred in declaring the law in determining that Mo. Rev. Stat. 516.110(1)'s ten-year statute of limitations applied to the underlying claims.
DiGregorio was an ingredient supplier for John Racanelli, who operated pizza restaurants. When Racanelli stopped making payments, DiGregorio ended its business relationship with Racanelli and his restaurants. DiGregorio later brought this action, asserting claims for suit on account and account stated. The circuit court declared that the ten-year statute of limitations contained in section 516.110(1) applied and that Racanelli was responsible for the amount of unpaid invoices as damages. The Supreme Court disagreed, holding (1) even assuming that DiGregorio proved its claims, this case was governed by the five-year statute of limitations contained in Mo. Rev. Stat. 516.120(1); and (2) therefore, DiGregorio's lawsuit was time barred.
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