Silver v. Lee Shell Equipment Corp.

MR. PRESIDING JUSTICE SCHWARTZ

delivered the opinion of the court.

On motion of defendants I. W. Shell and William Shell, the trial court dismissed the suit as against them on the ground that they had not been made parties defendant within the period of limitations provided by law. From this order, plaintiffs have appealed.

The question presented to us is whether the exception to the Limitations Act provided for in sec. 46(4) of the Civil Practice Act, Ill. Rev. Stat., ch. 110, sec. 46(4) (1959) applies in this case.. The suit is based on breach of warranty in connection with the purchase of an…