Accettura v. Vacationland, Inc.

Illinois Appellate Court
Civil Court
Uniform Commercial Code
Citation
Case Number: 
2018 IL App (2d) 170972
Decision Date: 
Friday, September 28, 2018
District: 
2d Dist.
Division/County: 
Kane Co.
Holding: 
Affirmed.
Justice: 
McLAREN

Plaintiff filed complaint for revocation of acceptance and breach of implied warranty of merchantability, alleging that recreational vehicle they purchased was defective. Court properly granted summary judgment for Defendant. Plaintiffs' revocation of acceptance, 2 weeks after asking Defendant to repair the RV, when Plaintiffs knew that RV was going to the manufacturer to be repaired under warranty, was not reasonable; Plaintiffs did not provide Defendant a reasonable opportunity to cure. Revocation was improper under Section 2-608(1)(b) of UCC. (BIRKETT and SPENCE, concurring.)