2021 Georgia Code
Title 9 - Civil Practice
Chapter 3 - Limitations of Actions
Article 2 - Specific Periods of Limitation
§ 9-3-25. Open Accounts; Breach of Certain Contracts; Implied Promise; Exception

All actions upon open account, or for the breach of any contract not under the hand of the party sought to be charged, or upon any implied promise or undertaking shall be brought within four years after the right of action accrues. However, this Code section shall not apply to actions for the breach of contracts for the sale of goods under Article 2 of Title 11.

(Laws 1809, Cobb's 1851 Digest, p. 566; Ga. L. 1855-56, p. 233, § 10; Code 1863, § 2859; Code 1868, § 2867; Code 1873, § 2918; Code 1882, § 2918; Civil Code 1895, § 3768; Civil Code 1910, § 4362; Code 1933, § 3-706; Ga. L. 1962, p. 156, § 1.)

- For survey article on construction law, see 60 Mercer L. Rev. 59 (2008). For annual survey of law on construction law, see 62 Mercer L. Rev. 71 (2010). For annual survey on real property law, see 70 Mercer L. Rev. 209 (2018). For note, "Forty-Eight States are Probably Not Wrong: An Argument for Modernizing Georgia's Legal Malpractice Statute of Limitations," see 33 Ga. St. U.L. Rev. 805 (2017).

ANALYSIS

• General Consideration
• Actions, Generally
• Running of Limitation

Partial payments made on open account do not renew account and suspend statute of limitations; on all open accounts, statute of limitations commences to run from date of purchase of last item on that account. 1952-53 Op. Att'y Gen. p. 18.

RESEARCH REFERENCES

Am. Jur. 2d.

- 1 Am. Jur. 2d, Accounts and Accounting, § 4 et seq. 51 Am. Jur. 2d, Limitation of Actions, §§ 118, 119.

Proving Fraudulent Concealment to Toll Statutory Limitations Periods, 32 POF3d 129.

21B Am. Jur. Pleading and Practice Forms, Restitution and Implied Contracts, § 2.

- 54 C.J.S., Limitations of Actions, §§ 95, 179.

- What constitutes an open, current account within the statutes of limitations, 1 A.L.R. 1060; 39 A.L.R. 369; 57 A.L.R. 201.

Implied contract to reimburse one for expense of trip taken at request of relative, 24 A.L.R. 973; 68 A.L.R. 200.

Payment on account as removing or tolling statute of limitation, 36 A.L.R. 346; 156 A.L.R. 1082.

Right of one who by mistake pays taxes to recover against person benefited by payment, 91 A.L.R. 389.

Bar of statute of limitations against action to recover principal of obligation as affecting right to recover interest, 115 A.L.R. 728.

Liability of surety as affected by running of limitation in favor of principal or cosurety, 122 A.L.R. 204.

Vendee's right to recover back amount paid under executory contract for sale of land, 134 A.L.R. 1064.

Running of statute of limitations against claim for services rendered over extended period under indefinite employment not fixing time of payment, 7 A.L.R.2d 198.

Right of creditor to set aside transfer of property as fraudulent as affected by the fact that his claim is barred by statute of limitation, 14 A.L.R.2d 598.

Limitation of actions as applied to account stated, 51 A.L.R.2d 331.

Limitation of actions: physician's claim for compensation for medical services or treatment, 99 A.L.R.2d 251.

Judgment in action on express contract for labor or services as precluding, as a matter of res judicata, subsequent action on implied contract (quantum meruit) or vice versa, 35 A.L.R.3d 874.

What statute of limitations applies to action for contribution against joint tort-feasor, 57 A.L.R.3d 927.

What statute of limitations governs action arising out of transaction consummated by use of credit card, 2 A.L.R.4th 677.

Computer sales and leases: time when cause of action for failure of performance accrues, 90 A.L.R.4th 298.

Application of statute of limitations to actions for breach of duty in performing services of public accountant, 7 A.L.R.5th 852.

Modern status of the application of "discovery rule" to postpone running of limitations against actions relating to breach of building and construction contracts, 33 A.L.R.5th 1.

Attorney malpractice - tolling or other exceptions to running of statute of limitations, 87 A.L.R.5th 473.

When statute of limitations begins to run on action against attorney for malpractice based upon negligence - View that statute begins to run from time of occurrence of negligent act or omission, 11 A.L.R.6th 1.

When statute of limitations begins to run on action against attorney for malpractice based upon negligence-View that statute begins to run from time of occurrence of sustaining damage or injury and other theories, 12 A.L.R.6th 1.

When statute of limitations begins to run on action against attorney for malpractice based upon negligence - View that statute begins to run from time client discovers, or should have discovered, negligent act or omission - Statement of rule and application of rule to providing client with allegedly negligent advice or failing to advise, 13 A.L.R.6th 1.

When statute of limitations begins to run on action against attorney for malpractice based upon negligence - View that statute begins to run from time client discovers, or should have discovered, negligent act or omission - Application of rule to conduct of litigation and delay or inaction in conducting client's affairs, 14 A.L.R.6th 1.

When statute of limitations begins to run on action against attorney for malpractice based upon negligence - View that statute begins to run from time client discovers, or should have discovered, negligent act or omission - Application of rule to property, estate, corporate, and document cases, 15 A.L.R.6th 427.

When statute of limitations begins to run on action against attorney for malpractice based upon negligence - View that statute begins to run from time client discovers, or should have discovered, negligent act or omission - Application of rule to negligent misrepresentation, failure to supervise junior counsel, conflict of interest, billing disputes, and unspecified acts of negligence, 16 A.L.R.6th 653.

Application of relation-back doctrine permitting change in party after statute of limitations has run in state court action - construction cases, 104 A.L.R.6th 1.

Application of doctrine of adverse domination, 13 A.L.R.7th 3.

Preemptive effect of the Financial Institutions Reform, Recovery, and Enforcement Act (FIRREA), 75 A.L.R. Fed. 2d 257.