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HENRY v. WAZ

No. 78-337.

69 Ill. App.3d 224 (1979)

387 N.E.2d 360

DANIEL J. HENRY et al., d/b/a Orchard Hill Building Company, Plaintiffs and Counterdefendants-Appellees, v. JOSEPH M. WAZ et al., Defendants and Counterplaintiffs-Appellants.

Appellate Court of Illinois — Second District.

Opinion filed March 15, 1979.

Attorney(s) appearing for the Case

Lance Haddix and Robert M. Hodge, both of Chicago, for appellants.

R. Terence Kalina, of Rathje, Woodward, Dyer & Burt, of Wheaton, for appellees.

Appeal dismissed.

Mr. PRESIDING JUSTICE GUILD delivered the opinion of the court:

Defendants appeal the dismissal of their counterclaim. The counterclaim was based upon an alleged implied warranty of habitability and the trial court dismissed the same, holding that section 15 of the limitations act of April 4, 1872 (Ill. Rev. Stat. 1975, ch. 83, par. 16), setting forth a 5-year statute of limitations, was applicable. We do not reach that issue.

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