893.35 Note
Judicial Council Committee's Note, 1979: This section is based on previous s. 893.19 (6), without change in substance, but with some expansion of language to make clear that accrual of the cause of action is not delayed until the person bringing the action learns of the wrongful taking or detention. The limitation with respect to an action for damages is contained in s. 893.51. [Bill 326-A]
893.36
893.36
Secured livestock. 893.36(1)(1) An action by a secured party to recover damages or property, based upon the sale of livestock which when sold is the secured party's collateral, against the market agency which in the ordinary course of business conducts the auction of the livestock, or against a buyer in ordinary course of business shall be commenced within 2 years after the date of sale of the livestock, or be barred, if:
893.36(1)(a)
(a) The debtor signs or endorses any writing arising from the transaction, including a check or draft, which states that the sale of the livestock is permitted by the secured party; and
893.36(1)(b)
(b) The secured party does not commence an action, within 2 years after the date of sale of the livestock against the debtor for purposes of enforcing rights under the security agreement or an obligation secured by the security agreement.
893.36(2)
(2) This section does not apply to actions based upon a sale of livestock occurring prior to April 3, 1980, nor to an action by a secured party against its debtor.
Section 893.35 or
893.51 applies to any action described in
sub. (1) if the limitation described in
sub. (1) is not applicable.
893.36(3)(d)
(d) "Market agency" means a person regularly engaged in the business of receiving, buying or selling livestock whether on a commission basis or otherwise.
893.37
893.37
Survey. No action may be brought against an engineer or any land surveyor to recover damages for negligence, errors or omission in the making of any survey nor for contribution or indemnity related to such negligence, errors or omissions more than 6 years after the completion of a survey.
893.37 History
History: 1979 c. 323 s.
3; Stats. 1979 s. 893.36;
1979 c. 355 s.
228; Stats. 1979 s. 893.37.
893.37 Annotation
The discovery rule applies to statutes of limitations which limit the time to sue from the time when the action "accrues", setting the time that the action accrues as being the time of discovery. The discovery rule does not apply to this section because it is a statute of repose, a statute which specifies the time of accrual (in this statute the time when the injury occurred) and limits the time suit can be brought from that specified date. Castellani v. Bailey, 218 W (2d) 245, 578 NW (2d) 166 (1998).
ACTIONS RELATING TO CONTRACTS AND COURT JUDGMENTS
893.40
893.40
Action on judgment or decree; court of record. Except as provided in
s. 846.04 (2) and
(3), action upon a judgment or decree of a court of record of any state or of the United States shall be commenced within 20 years after the judgment or decree is entered or be barred.
893.40 History
History: 1979 c. 323;
1997 a. 27.
893.40 Note
Judicial Council Committee's Note, 1979: This section has been created to combine the provisions of repealed ss. 893.16 (1) and 893.18 (1). A substantive change from prior law results as the time period for an action upon a judgment of a court of record sitting without this state is increased from 10 years to 20 years and runs from the time of entry of a judgment. The separate statute of limitations for an action upon a sealed instrument is repealed as unnecessary. [Bill 326-A]
893.40 Annotation
Defendant was prejudiced by unreasonable 16 year delay in bringing suit; thus, laches barred suit even though s. 893.16 (1), 1973 stats. limitation did not. Schafer v. Wegner, 78 W (2d) 127, 254 NW (2d) 193.
893.41
893.41
Breach of contract to marry; action to recover property. An action to recover property procured by fraud by a party in representing that he or she intended to marry the party providing the property and not breach the contract to marry, to which
s. 768.06 applies, shall be commenced within one year after the breach of the contract to marry.
893.41 History
History: 1979 c. 323;
1981 c. 314 s.
146.
893.41 Note
Judicial Council Committee's Note, 1979: This section has been created to place into ch. 893 the statute of limitations for an action to recover property for an alleged breach of a contract to marry. See also note following s. 768.06. [Bill 326-A]
893.42
893.42
Action on a judgment of court not of record. An action upon a judgment of a court not of record shall be commenced within 6 years of entry of judgment or be barred.
893.42 History
History: 1979 c. 323.
893.42 Note
Judicial Council Committee's Note, 1979: This section is previous s. 893.19 (1) renumbered for more logical placement in restructured ch. 893. [Bill 326-A]
893.425
893.425
Fraudulent transfers. An action with respect to a fraudulent transfer or obligation under
ch. 242 shall be barred unless the action is commenced:
893.425(1)
(1) Under
s. 242.04 (1) (a), within 4 years after the transfer is made or the obligation is incurred or, if later, within one year after the transfer or obligation is or could reasonably have been discovered by the claimant.
893.425(3)
(3) Under
s. 242.05 (2), within one year after the transfer is made or the obligation is incurred.
893.425 History
History: 1987 a. 192.
893.43
893.43
Action on contract. An action upon any contract, obligation or liability, express or implied, including an action to recover fees for professional services, except those mentioned in
s. 893.40, shall be commenced within 6 years after the cause of action accrues or be barred.
893.43 History
History: 1979 c. 323.
893.43 Note
Judicial Council Committee's Note, 1979: This section is previous s. 893.19 (3) renumbered for more logical placement in restructured ch. 893. [Bill 326-A]
893.43 Annotation
A bonus plan to compensate for increased profits is a contract under s. 893.19 (3), 1969 stats. Younger v. Rosenow Paper & Supply Co. 51 W (2d) 619, 188 NW (2d) 507.
893.43 Annotation
An action to recover benefits under a pension plan is an action to enforce a contract, not an action for wages. Estate of Schroeder, 53 W (2d) 59, 191 NW (2d) 860.
893.43 Annotation
Section 893.19 (3), 1967 stats. applies to an action to recover contribution arising out of settlement of a tort claim. State Farm Mut. Auto. Ins. Co. v. Schara, 56 W (2d) 262, 201 NW (2d) 758.
893.43 Annotation
An action based on contract for personal injuries resulting from malpractice is subject to the 3-year limitation under s. 893.205, 1969 stats. Estate of Kohls, 57 W (2d) 141, 203 NW (2d) 666.
893.43 Annotation
An action by an insured against an insurance agent in failing to procure requested coverage is not an action against the insurer on the policy but is an action resting upon the agent's contract with the insured to procure the insurance coverage agreed upon, and is subject to the statute of limitations for contract. Estate of Ensz, 66 W (2d) 193, 223 NW (2d) 903.
893.43 Annotation
The cause of action for contribution is based upon a contract implied by law and must be brought within 6 years after the one joint tort-feasor has paid more than his share. Hartford Fire Ins. Co. v. Osborn Plumbing, 66 W (2d) 454, 225 NW (2d) 628.
893.43 Annotation
See note to 893.44, citing Sussmann v. Gleisner, 80 W (2d) 435, 259 NW (2d) 114.
893.43 Annotation
If object of disputed contract is the fruit of human labor rather than the labor per se, s. 893.19 (3), 1973 stats., applies rather than s. 893.21 (5), 1973 stats. Rupp v. O'Connor, 81 W (2d) 436, 261 NW (2d) 815.
893.43 Annotation
Limitation for action based on contract applies to claim for sales commission. Saunders v. DEC International, Inc. 85 W (2d) 70, 270 NW (2d) 176 (1978).
893.43 Annotation
Partial payment of obligation made prior to running of statute of limitations tolls statute and sets it running from date of payment. St. Mary's Hospital Medical Ctr. v. Tarkenton, 103 W (2d) 422, 309 NW (2d) 14 (Ct. App. 1981).
893.43 Annotation
Breach of roofing contract occurred when faulty roof was completed, not when building was completed. Limitations discussed. State v. Holland Plastics Co. 111 W (2d) 497, 331 NW (2d) 320 (1983).
893.43 Annotation
Unjust enrichment claim accrues when cohabitational relationship terminates; court does not determine which statute of limitations, if any, applies. Watts (Bischoff) v. Watts, 152 W (2d) 370, 448 NW (2d) 292 (Ct. App. 1989).
893.43 Annotation
A contract cause of action accrues at the time of the breach; the discovery rule is inapplicable. CLL Associates v. Arrowhead Pacific, 174 W (2d) 604, 497 NW (2d) 115 (1993).
893.43 Annotation
Unconscionability of contract claim is governed by this section rather than 893.18 (4). Dairyland Power Coop. v. Amax Inc. 700 F Supp. 979 (W.D. Wis. 1986).
893.44
893.44
Compensation for personal service. 893.44(1)
(1) Any action to recover unpaid salary, wages or other compensation for personal services, except actions to recover fees for professional services and except as provided in
sub. (2), shall be commenced within 2 years after the cause of action accrues or be barred.
893.44(2)
(2) An action to recover wages under
s. 109.09 shall be commenced within 2 years after the claim is filed with the department of workforce development or be barred.
893.44 Note
Judicial Council Committee's Note, 1979: This section is previous s. 893.21 (5) renumbered for more logical placement in restructured ch. 893. Actions to collect fees for professional services are brought under s. 893.43. [Bill 326-A]
893.44 Annotation
A stock-purchase plan as a reward for increased profits is not subject to s. 893.21 (5), 1969 stats. Younger v. Rosenow Paper & Supply Co. 51 W (2d) 619, 188 NW (2d) 507.
893.44 Annotation
Professional services by a physician or attorney may be nonetheless so categorized, although not customarily performed in his specialized field of activity, if requested by reason of his expertise and professional training, and when he then utilizes such knowledge and training, but whether they are to be so classified depends upon the entire factual context of the particular employment. Lorenz v. Dreske, 62 W (2d) 273, 214 NW (2d) 753.
893.44 Annotation
Section 893.21 (5), 1969 stats. does not apply unless services are actually rendered. Yanta v. Montgomery Ward & Co., Inc. 66 W (2d) 53, 224 NW (2d) 389.
893.44 Annotation
Where employer deducted "hypothetical tax factor" from salaries of its overseas employes so as to equalize compensation of its employes worldwide, action to recover amounts so deducted had to be brought within 2 year limitation period on wage claims, and not 6 year period on other contract claims. Sussmann v. Gleisner, 80 W (2d) 435, 259 NW (2d) 114.
893.44 Annotation
See note to 893.43, citing Rupp v. O'Connor, 81 W (2d) 436, 261 NW (2d) 815.
893.44 Annotation
See note to 859.02, citing In Matter of Estate of Steffes, 95 W (2d) 490, 290 NW (2d) 697 (1980).
893.44 Annotation
See note to 893.43, citing Watts (Bischoff) v. Watts, 152 W (2d) 370, 448 NW (2d) 292 (Ct. App. 1989).
893.44 Annotation
This section applies only to actions for wages already earned. Lovett v. Mt. Senario College, Inc. 154 W (2d) 831, 454 NW (2d) 356 (Ct. App. 1990).
893.44 Annotation
This section does not apply to actions for the recovery of sales commissions. Erdman v. Jovoco, Inc. 181 W (2d) 736, 512 NW (2d) 487 (1994).
893.44 Annotation
The procurement of a lessee to lease the property and broker's claim for commission was not one for personal services and was not barred by this statute. Paulson v. Shapiro, 490 F (2d) 1.
893.45
893.45
Acknowledgment or new promise. No acknowledgment or promise shall be sufficient evidence of a new or continuing contract, whereby to take the cause out of the operation of this chapter, unless the same be contained in some writing signed by the party to be charged thereby.
893.45 History
History: 1979 c. 323.
893.45 Note
Judicial Council Committee's Note, 1979: This section is previous s. 893.42 renumbered for more logical placement in restructured ch. 893. [Bill 326-A]
893.46
893.46
Acknowledgment, who not bound by. If there are 2 or more joint contractors or joint administrators of any contractor no such joint contractor, executor or administrator shall lose the benefit of this chapter so as to be chargeable by reason only of any acknowledgment or promise made by any other of them.
893.46 History
History: 1979 c. 323.
893.46 Note
Judicial Council Committee's Note, 1979: This section is previous s. 893.43 renumbered for more logical placement in restructured ch. 893. [Bill 326-A]
893.47
893.47
Actions against parties jointly liable. In actions commenced against 2 or more joint contractors or joint executors or administrators of any contractors, if it shall appear, on the trial or otherwise, that the plaintiff is barred by this chapter as to one or more of the defendants, but is entitled to recover against any other or others of them, by virtue of a new acknowledgment or promise, or otherwise, judgment shall be given for the plaintiff as to any of the defendants against whom the plaintiff is entitled to recover and for the other defendant or defendants against the plaintiff.
893.47 History
History: 1979 c. 323.
893.47 Note
Judicial Council Committee's Note, 1979: This section is previous s. 893.44 renumbered for more logical placement in restructured ch. 893. [Bill 326-A]
893.48
893.48
Payment, effect of, not altered. Nothing contained in
ss. 893.44 to
893.47 shall alter, take away or lessen the effect of a payment of any principal or interest made by any person, but no indorsement or memorandum of any such payment, written or made upon any promissory note, bill of exchange or other writing, by or on behalf of the party to whom the payment is made or purports to be made, is sufficient proof of the payment so as to take the case out of the operation of this chapter.
893.48 History
History: Sup. Ct. Order, 67 W (2d) 585, 784 (1975);
1979 c. 323.
893.48 Note
Judicial Council Committee's Note, 1979: This section is previous s. 893.46 renumbered for more logical placement in restructured ch. 893. [Bill 326-A]
893.49
893.49
Payment by one not to affect others. If there are 2 or more joint contractors or joint executors or administrators of any contractor no one of them shall lose the benefit of this chapter, so as to be chargeable, by reason only of any payment made by any other of them.
893.49 History
History: 1979 c. 323.
893.49 Note
Judicial Council Committee's Note, 1979: This section is previous s. 893.47 renumbered for more logical placement in restructured ch. 893. [Bill 326-A]
893.50
893.50
Other actions. All personal actions on any contract not limited by this chapter or any other law of this state shall be brought within 10 years after the accruing of the cause of action.
893.50 History
History: 1979 c. 323.
893.50 Note
Judicial Council Committee's Note, 1979: This section is previous s. 893.26 renumbered for more logical placement in restructured ch. 893. [Bill 326-A]
TORT ACTIONS
893.51
893.51
Action for wrongful taking of personal property. 893.51(1)(1) Except as provided in
sub. (2), an action to recover damages for the wrongful taking, conversion or detention of personal property shall be commenced within 6 years after the cause of action accrues or be barred. The cause of action accrues at the time the wrongful taking or conversion occurs, or the wrongful detention begins.
893.51(2)
(2) An action under
s. 134.90 shall be commenced within 3 years after the misappropriation of a trade secret is discovered or should have been discovered by the exercise of reasonable diligence. A continuing misappropriation constitutes a single claim.
