Missouri Court of Appeals, Eastern District / May 4, 2021
J&M Securities LLC, Appellant, v. Hani S. Aziz and Sanaa A. Kahalah-Aziz, Respondents.
J & M Securities, LLC sued Hani S. Aziz and Sanaa A. Kahalah-Aziz for damages related to a residential lease agreement, seeking reimbursement for repairs and cleaning. The trial court granted summary judgment for the tenants, concluding the claim was time-barred by the five-year statute of limitations. On appeal, J & M Securities argued the ten-year statute of limitations for actions upon a written promise to pay money should apply. The appellate court affirmed, holding that the lease's reimbursement clauses were conditional promises, not an unconditional acknowledgment of indebtedness, thus the five-year statute of limitations correctly applied.