Scott & Son v. American Building Co.

Summary

The court affirmed summary judgment dismissing plaintiffs’ breach-of-warranty action against a manufacturer of metal buildings. Applying Uniform Commercial Code § 2-725, the court held that the claim accrued when plaintiffs discovered the roof’s rusting and that plaintiffs failed to produce sufficient evidence showing that the action was timely commenced. The court also held that a vague affidavit submitted on renewal did not establish timeliness or create a triable issue of fact.

Holdings

1. Even assuming defendant expressly warranted the future performance of the roof panels, the cause of action accrued when plaintiffs discovered the breach of warranty.
2. The action was subject to a four-year limitations period and plaintiffs failed to show that it was timely commenced.
3. After defendant established prima facie that the action was untimely, plaintiffs were required to rebut that showing with evidentiary proof demonstrating a triable issue of ultimate fact; plaintiffs failed to do so.

Questions Presented

1. Whether the breach-of-warranty action accrued when plaintiffs discovered the roof defect, even if defendant warranted the roof's future performance.
2. Whether plaintiffs presented sufficient evidentiary proof to create a triable issue that the action was commenced within the four-year limitations period.
3. Whether plaintiffs' renewal affidavit, which was vague and purported to contradict prior sworn testimony, established timely commencement or a triable issue of fact.

Disposition

affirmed