In re Estate of Krpan

Illinois Appellate Court
Civil Court
Citation
Case Number: 
2013 IL App (2d) 121424
Decision Date: 
September 12, 2013
District: 
2d Dist.
Division/County: 
De Kalb Co.
Justice: 
SCHOSTOK
Holding: 
Reversed and remanded.
(Court opinion corrected 9/16/13.) Administrator of decedent's estate provided no evidence that defects would have been apparent either immediately or after annual heavy rains, in breach of implied warranty of habitability claim brought by person filing "claim on contract" against estate. Thus, 2-619 motion to dismiss could be sufficient on this point only if matter were apparent from the claim. Absence of allegation that claim is timely cannot be a defect in pleading. (McLAREN and SPENCE, concurring.)