Nisbet v. Yelnick

Plaintiffs filed in the circuit court of Cook County a two-count complaint against defendant for the latter’s alleged defective construction of plaintiffs’ residence. Count I alleged a breach of the implied warranty of habitability; count II alleged a breach of the express warranty contained in the contract entered into between the parties which provided, in part, “[defendant], being the seller herein *** does *** guaranty the aforesaid premises to be free from defects in materials and workmanship for the period of one year from and after the completion date of said residence.” The complaint…