Neppl v. Murphy

Plaintiffs, Daniel J. Neppl and S. Leigh Jeter, appeal from an order of the circuit court of Cook County dismissing their complaint against defendants, Glenn S. Murphy and Deborah A. Murphy. Plaintiffs had brought an action against defendants for breach of a real estate contract, seeking damages for breach of an express warranty in the contract which provided that the heating system would be in “operating condition at possession.” Defendants brought a combined motion to dismiss plaintiffs’ complaint pursuant to sections 2 — 615, 2 — 619, and 2 — 619.1 of the Code of Civil Procedure (the Code)…