Issue: Under North Dakota law, what is the statute of limitations for a claim for specific performance?
| Area of Law: | Business Organizations & Contracts |
| Keywords: | Specific performance claims; Statute of limitations |
| Jurisdiction: | North Dakota |
| Cited Cases: | 129 N.W.2d 566; 174 N.W. 68 |
| Cited Statutes: | N.D. Cent. Code § 28-01-22, § 28-1-22 |
| Date: | 07/01/2001 |
Specific performance is an equitable remedy for breaches of contract when damages will not make the plaintiff whole. Larson v. Larson, 129 N.W.2d 566 (N.D. 1964).
Equitable claims not provided for in a specific limitations statute are governed by the ten-year period set forth in N.D. Cent. Code § 28-01-22, which provides that “[a]n action for relief not otherwise provided for must be commenced within ten years after the claim for relief has accrued.” See, e.g., Jungkunz v. Comonow, 43 N.D. 212, 174 N.W. 68, 70 (1919) (under earlier version of current § 28-1-22, suit in equity must be brought in 10 years).
[…]