McClure v. Sennstrom

Plaintiffs, Michael and Jeri McClure, appeal from an order of the circuit court of Du Page County which dismissed count III of their first amended complaint on the ground that it failed to state a cause of action. Count III purported to allege a breach of the implied warranty of habitability on a residence plaintiffs purchased from the defendants, Robert and Nancy Sennstrom and Richard and Margaret Sigerich, who were doing business as S&S Partners. Plaintiffs claim the trial court erred in finding that the warranty was not applicable.

Plaintiffs entered into a real estate sales contract with…