Collins Co. v. Carboline Co.

This cause is before us on a question of Illinois law certified by the United States Court of Appeals for the Seventh Circuit. The certified question is:

“In the absence of original contractual privity, does an express warranty extend to an assignee’s right to sue for purely economic loss and consequential damages?”

For the reasons that follow and with the qualifications noted, we answer the question in the affirmative.

FACTS

For purposes of our decision, the well-pleaded facts alleged in the underlying complaint will be taken as true, in the same way as they were taken by the district court when…