Delaware Code

10 Del. C. § 8108 (2026)

Mutual running accounts

✓ current as of May 2026

Find cases: SyfertCases citing this section DE-DELCdelcode.delaware.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

In the case of a mutual and running account between parties, the limitation, specified in § 8106 of this title, shall not begin to run while such account continues open and current.

Code 1852, § 2743; Code 1915, § 4672; Code 1935, § 5130; 10 Del. C. 1953, § 8107;

Notes of Decisions

Cited in 9 cases (1 in the last 5 years), 1973–2025 · leading case: Sonne v. Sacks, 314 A.2d 194 (Del. 1973).

Sort: Relevance Newest Treatment

Sonne v. Sacks, 314 A.2d 194 (Del. 1973). · cites it 3× “The Legislature has determined that actions for wages are barred if not commenced within one year, but it has also specifically provided that “[w]hen a cause of action arises from a promissory note, bill of exchange, or an acknowledgment under the hand of the party of a…”

Resource Ventures, Inc. v. Resources Mgmt. Int'l, Inc., 42 F. Supp. 2d 423 (D. Del. 1999). “The Plaintiff responds by arguing that its claims are governed by two statutory sections, Section 8106 and 10 Del.C. § 8108. (D.I. 41 at 22-23). The Plaintiff contends that the causes of action did not accrue until April 1994, when it was informed that the Defendants no longer…”

T'Bear v. Forman, 359 F. Supp. 3d 882 (N.D. Cal. 2019). “1973) (interpreting Section 8109's precursor statute, 10 Del. C. § 8108, and holding that the statute provides "a six year limitation for bringing action on a written instrument which acknowledges an existing indebtedness .”

MyKulak v. Collins, 301 A.2d 313 (Del. Super. Ct. 1973). · cites it 2× “Plaintiff contends that the claim comes within 10 Del.C. § 8108 which permits an action to be commenced within six years from the accruing of the cause of action.”

Nat'l Iranian Oil v. Mapco Int'l Inc., 825 F. Supp. 77 (D. Del. 1993). “1973) (interpreting § 8109’s precursor statute, 10 Del.C. § 8108). NIOC contends that the Jones letter manifests Mapco’s clear recognition of its debt to pay the principal amounts due and owing for the two 1979 crude oil shipments, even if the letter fails to acknowledge Mapco’s…”

AM Gen. Holdings LLC v. The Renco Grp., Inc. & The Renco Grp., Inc. v. MacAndrews AMG Holdings LLC (Del. Ch. 2016). · cites it 3× “4 See 10 Del. C. § 8108 (“In the case of a mutual and running account between parties, the limitation specified in § 8106 [three years] of this title shall not begin to run while such account continues open and current.”

Lamb's Custom Painting & Restoration v. Douglas & Elizabeth Brown (Del. Ct. Com. Pl. 2025). · cites it 2× “§ 8106 (a), a mutual running account under 10 Del. C. § 8108.! Plaintiff argues its account remained open and current until Defendants failed and refused to provide electrical services to Plaintiff to reduce their side of the account from the work Plaintiff performed on the two…”

Saunders-Gomez v. Rutledge Maint. Corportation (Del. Super. Ct. 2017). “43 See 10 Del. C. § 8108. 46 See id. The statute does not define “mutual and running account.”

Ridgewood Manor II, Inc. v. The Delaware Manufactured Home Relocation Auth. (Del. Ch. 2014). “at 31 (invoking 10 Del. C. § 8108). 49 Id. at 32 n.60. Ridgewood Manor II, Inc.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.