O''neil V. Estate Of Murtha

Terri L. Murtha made an oral agreement with Terrance O'Neil to repay him a $15,695.39 loan when she was "able" to do so. O'Neil seeks repayment of the loan with interest from Murtha's estate, and the sole question is whether his claim is barred by the statute of limitations under RCW 4.16.080(3). We adopt the majority view and hold that where a debtor promises to pay "when able," such cause of action accrues when the debtor in fact becomes financially able to pay, regardless of whether the creditor was aware of the debtor's ability to pay. We therefore conclude that the trial court did not err in finding O'Neil's claim time-barred.