Henry v. Waz

Mr. PRESIDING JUSTICE GUILD

delivered the opinion of the court:

Defendants appeal the dismissal of their counterclaim. The counterclaim was based upon an alleged implied warranty of habitability and the trial court dismissed the same, holding that section 15 of the limitations act of April 4, 1872 (Ill. Rev. Stat. 1975, ch. 83, par. 16), setting forth a 5-year statute of limitations, was applicable. We do not reach that issue.

The record here is long and involved. The original suit was filed by the plaintiff seeking an injunction to prohibit the defendants from interfering with their operation…