VonHoldt v. Barba & Barba Construction, Inc.

The plaintiff, John W. VonHoldt, Jr., brought the present action in the circuit court of Cook County against defendant, Barba & Barba Construction, Inc. The complaint alleged that defendant breached an implied warranty of habitability in its construction of a structural addition to an existing residence. Plaintiff was a purchaser of the residence after the addition had been made. On defendant’s motion, the circuit court dismissed the action pursuant to section 2 — 615 of the Code of Civil Procedure (735 ILCS 5/2 — 615 (West 1994)), finding that plaintiff’s second-amended complaint failed to…