CARRAU v. MARVIN LUMBER & CEDAR CO., A091121, A091880
The "future performance" exception to the four-year limitations period for breach of warranty claims, under Commercial Code section 2725, applies only when the seller explicitly has agreed to warrant its product for a defined period of time, so an advertisement that the product is "long lasting" does not suffice.
- Decided 10/26/2001
- Published 10/26/2001
- California Court of Appeal
- For Appellant:
- Austin Gibbons,Sean C. Conley, Gibbons & Conley, Walnut Creek, Attorneys for Plaintiffs and Appellants.
- For Appellees:
- James J. Ficenec,Titchell, Maltzman, Mark & Ohleyer, San Francisco, Donald J. Brown, (Pro Hac Vice) Winthrop & Weinstein, P.A., Attorneys for Defendants and Appellants.