Idaho Code
Idaho Code § 5-217 (2026)
Action on oral contract.
✓ current as of May 2026
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Action on oral contract.
Within four (4) years:
An action upon a contract, obligation or liability not founded upon an instrument of writing.
Notes of Decisions
Cited in 58
cases (2 in the last 5 years), 1933–2023 · leading case: Gregory v. Stallings, 468 P.3d 253 (Idaho 2020).
Gregory v. Stallings, 468 P.3d 253 (Idaho 2020). “” I.C. § 5-217. “The statute of limitations does not begin to run until a claim accrues upon the breach of the contract.”
Witt v. Jones, 722 P.2d 474 (Idaho 1986). “Furthermore, such a claim would be barred by the four year limitation contained in either I.C. § 5-217 (obligations not founded on instruments in writing), Templeton Patents, Ltd.”
Salmon Rivers Sportsman Camps, Inc. v. Cessna Aircraft Co., 544 P.2d 306 (Idaho 1975). “§ 5-218(3) providing three years for an action in tort and I.C. § 5-217 providing four years for an action in contract, force this court to examine the basic concept of a breach of warranty, whether it is based in tort or contract, and if the latter basis requires privity of…”
Martin v. Clements, 575 P.2d 885 (Idaho 1978). “§ 5-224 [4] should apply, or respondent's suggestion that I.C. § 5-217 [5] is applicable, under either statute the action is barred within four years of the date of the occurrence.”
Idaho First Nat'l Bank v. Bliss Valley Foods, Inc., 824 P.2d 841 (Idaho 1992). “Idaho First's answer stated that "[c]ounterclaimants' claims are barred in whole or in part by the applicable statute of limitations, including, but not limited to, Idaho Code §§ 5-217 , 5-218, 5-219, 5-224 and 12 U.”
Unifund CCR, LLC v. Lorene K. Lowe, 367 P.3d 145 (Idaho 2016). “Lowe contended that the contract was oral, thereby invoking the four-year statute of limitations in Idaho Code section 5-217. Unifund contended that the defaulted accounts were “founded upon an instrument in writing,” requiring application of the five-year statute of limitations…”
Harkness v. City of Burley, 715 P.2d 1283 (Idaho 1986). “The payment of any and all damage claims by the city shall be by resolution, and not otherwise. Harkness filed his notice some seven months after his claim occurred, not within sixty days as I.”
Stapleton v. Jack Cushman Drilling & Pump Co., 291 P.3d 418 (Idaho 2012). “for negligence and breach of contract accrued by at least January 2007 when he noticed the green sediment in the water and low water pressure; that the claim for negligence was barred by the four-year statute of limitations set forth in Idaho Code section 5-224; and that the…”
Kugler v. Nw. Aviation, Inc., 702 P.2d 922 (Idaho Ct. App. 1985). “In 1979 he submitted a supplemental statement, listing additional expenses. No payment was made. Kugler sued in 1981.”
Simons v. Simons, 11 P.3d 20 (Idaho 2000). “Idaho Code § 5-217 states: Action on oral contract.”
Ogle v. De Sano, 693 P.2d 1074 (Idaho Ct. App. 1984). “1 § 2 of the Idaho Constitution because it discriminates against a certain class of plaintiffs by unduly restricting the time frame within which they can commence an action for professional negligence; fourth, whether the statute of limitation for contracts, I.C. § 5-217, is…”
D.A.R., Inc. v. Sheffer, 997 P.2d 602 (Idaho 2000). “Finding that the plaintiffs action for a partnership accounting was filed beyond the four-year period of limitation set out in either I.C. § 5-217 or I.C. § 5-224, the district court held that the action was time baired and dismissed the complaint with prejudice.”
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