Supreme Court of Delaware
Ltl Acres Limited Partnership, Plaintiff Below-Appellant v. Butler Manufacturing Company, a Delaware Corporation…
April 11, 20162016 Del. LEXIS 233
Summary
The court affirmed summary judgment for Butler because the applicable six-year limitations period barred LTL's claims concerning Butler's specially engineered building components. It reversed summary judgment for Dryvit, holding that Dryvit's ten-year warranty explicitly extended to future performance, so the warranty claim accrued when the breach was or should have been discovered rather than when the materials were delivered. The case was remanded for factual proceedings concerning when the alleged breach of Dryvit's warranty was or should have been discovered.