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Mydlach v. DaimlerChrysler Corp.

Supreme Court of Illinois

875 N.E.2d 1047 (2007)

Relevant factsFree

Lucy Mydlach (plaintiff) bought a Daimler (defendant) car with a three-year limited warranty obligating Daimler to repair or replace defective parts, and after allegedly unsuccessful repair attempts during the warranty period, she sued under the Magnuson-Moss Act roughly five years after the car's original delivery. The circuit court granted Daimler summary judgment as untimely under the UCC's four-year limitations period (measured from delivery), the appellate court reversed, and Daimler appealed.

IssueFree

Whether an action for breach of contract must be brought within four years after the breach occurs or, for a breach of warranty, when tender of delivery is made.

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