This section is from the book "The Law Of Contracts", by William Herbert Page. Also available from Amazon: Commercial Contracts: A Practical Guide to Deals, Contracts, Agreements and Promises.
In order to operate as a waiver of the bar of the statute of limitations, the new promise may be made to the creditor himself, or to his agent.1 A promise made to a stranger to the contract has no legal effect as a waiver of the bar of the statute.2 However, a stranger whom the debtor intended to communicate such promise to the creditor is for this purpose agent of one of the parties; and when the promise is communicated to the creditor it binds the debtor.3 If the claim which is barred by the statute of limitations has been assigned, a promise made to the assignor before such assignment operates as a waiver of the bar.4 A promise made to the assignor after the assignment, and while the debtor is in ignorance thereof, does not amount to a waiver of the bar.5 Thus the acknowledgment of a mortgage debt made by the grantee of realty subject to such mortgage to the former owner of the mortgage debt, after he has assigned it, does not waive the bar of the statute.6
 
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