Mellander v. Kileen

In this appeal the plaintiff quite frankly and honestly asks us to extend the public policy created in Petersen v. Hubschman Construction Co. (1979), 76 Ill. 2d 31, 389 N.E.2d 1154. In that case the supreme court declared as a matter of public policy that an implied warranty of habitability exists between a builder-vendor of a dwelling and the vendee thereof. Plaintiff contends that as a matter of similar public policy the warranty should be extended to subsequent purchasers. Her theory is that the existence of potential damage suits for breach of the warranty would force a greater sense of…