Kenworth Of Indpls Inc, et al. v. Seventy-Seven Limited, et al.
── Kenworth Of Indpls Inc, et al. v. Seventy-Seven Limited, et al. ──
Case No.: 19S-PL-00037
Court: Indiana Supreme Court
Date: November 12, 2019
Author: Justice Christopher Goff
County of Origin: Marion
Category: Civil
Decision: Remanded and Affirmed
Justice Rush, Justice David, and Justice Massa concur. Justice Slaughter concurs/concurs in result
This litigation arises from the sale of forty dump trucks—a transaction
in goods governed by the Uniform Commercial Code (UCC). The
agreement governing this sale contained a warranty and a one-year
limitations period for filing a breach-of-contract suit. Mechanical problems
plagued the trucks soon after delivery. Several years later, following
sellers’ unsuccessful attempts at repair, buyers sued for breach of
warranty.
Under the UCC, a party’s cause of action accrues (thus triggering the
limitations period) upon delivery of goods.
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