S.C. Code § 36-2-725

Statute of limitations in contracts for sale.

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SECTION 36-2-725. Statute of limitations in contracts for sale.


 (1) An action for breach of any contract for sale must be commenced within six years after the cause of action has accrued.


 (2) A cause of action accrues for breach of warranty when the breach is or should have been discovered.


 (3) Where an action commenced within the time limited by subsection (1) is so terminated as to leave available a remedy by another action for the same breach such other action may be commenced after the expiration of the time limited and within six months after the termination of the first action unless the termination resulted from voluntary discontinuance or from dismissal for failure or neglect to prosecute.


 (4) This section does not alter the law on tolling of the statute of limitations nor does it apply to causes of action which have accrued before this act becomes effective.


HISTORY: 1962 Code SECTION 10.2-725; 1966 (54) 2716.


Editor's Note


 "This act," referred to in this section, means Act No. 1065 of the 1966 Acts and Joint Resolutions, originally codified as Titles 10.1 to 10.10 of the Code of Laws of South Carolina 1962, and now codified as Title 36 of the Code of Laws of South Carolina 1976.


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