Page:United States Statutes at Large Volume 78.djvu/719

 78

STAT.]

PUBLIC LAW 88-509-AUG. 30, 1964

677

A grant or assignment of a trust or confidence which is not in writing, signed by the party granting or assigning it, or by his last will, is void. Where a conveyance is made of real estate by which a trust or confidence is or may arise or result by the implication or construction of law, or is transferred or extinguished by an act or operation of law, the trust or confidence is of the same effect as it would have been if this section had not been enacted. § 28-3504. New promise or acknowledgement of contract—Action against joint contractors I n an action upon a simple contract, an acknowledgement or promise by words only is not sufficient evidence of a new or continuing contract whereby to take the case out of the operation of the statute of limitations or to deprive a party of the benefit thereof unless the acknowledgement or promise is in writing, signed by the party chargeable thereby. This section does not alter or take away, or lessen the effect of a payment of principal or interest made by any person. In actions against two or more joint contractors, or executors, or administrators, if it appears at the trial, or otherwise, that the plaintiff, though barred by the statute of limitations as to one or more of the defendants, is nevertheless entitled to recover against any other defendant by virtue of a new acknowledgement or promise or otherwise, judgment may be given for the plaintiff as to that defendant. An indorsement or memorandum of a payment written or made upon a promissory note, bill of exchange, or other writing, by or on behalf of the party to whom the payment is to be made, is sufficient proof of the payment so as to take the case out of the operation of the statute of limitations. §28-3505. New promise or acknowledgement of debt incurred during infancy An action may not be maintained to charge a person upon an acknowledgement of, or promise to pay, a debt contracted during infancy, made after full age, except for necessaries, unless the acknowledgement or promise is in writing signed by the party to be charged therewith. This section does not affect ratification by conduct. SEC. 2. Section 12-301 of the District of Columbia 0) d e is amended 77 Stat. sio. by adding the following paragraph at the end: "This section does not apply to actions for breach or contracts for sale governed by § 28:2-725." " ^'^'- ^•'°SEC. 3. (a) Section 15-106(e) of the District of Columbia Code is ^7 Stat. 523. amended by striking out "28-2405" and inserting "28-2502". AnL^^^^' ^''^^' (b)(1) Subchapter I of chapter 1, title 15 of the District of " ^'^' 77 Stat. 522. Columbia Code, is amended by adding the following new sections: "§ 15-108. Interest on judgment for liquidated debt " I n an action in the United States District Court for the District of Columbia to recover a liquidated debt on which interest is payable by contract or by law or usage the judgment for the plaintiff shall include interest on the principal debt from the time when it was due and payable, at the rate fixed by the contract, if any, until paid. "§ 15-109. Interest on judgment for damages in contract or tort "In an action to recover damages for breach of contract the judgment shall allow interest on the amount for which it is rendered from the date of the judgment only. This section does not preclude the jury, or the court, if the trial be by the court, from including interest as an element in the damages awarded, if necessary to fully compensate the plaintiff. In an action to recover damages for a wrong the judgment for the plaintifl' shall bear interest.

�