Illinois Supreme Court / Civil
Uniform Commercial Code
Andrews v. Carbon on 26th, LLC, 2025 IL 130852
(May 22, 2025)
(CUNNINGHAM)
Appellate court judgment affirmed, circuit court judgment reversed, cause remanded.
The supreme court considered the question of a distributor’s obligation to notify a wholesaler of its claim of breach of implied warranty of merchantability under the Uniform Commercial Code in a case arising out of a group of personal injury lawsuits filed by restaurant patrons alleging they became ill from food poisoning due to bacterial contamination. The supreme court affirmed the judgment of the appellate court, which held that the wholesalers in this case had actual notice because they learned of the alleged contamination when the plaintiffs filed their lawsuits and that under the UCC the buyer's allegations concerning a defective product serve as sufficient notice to the seller. (THEIS, NEVILLE, OVERSTREET, HOLDER WHITE, ROCHFORD, and O’BRIEN, concurring)
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