Kenworth of Indianapolis, Inc. v. Seventy-Seven Limited

Summary

The court held that the buyers' warranty was an express future-performance warranty under the UCC, so their breach claims accrued when they knew or should have known of the breach rather than automatically upon delivery. It also held that equitable estoppel may toll a contractual limitations period when a seller's conduct, including repair efforts, affirmatively prevents inquiry, eludes investigation, or misleads the buyer into inaction. Because genuine factual disputes remained regarding both discovery of the breach and tolling, the court affirmed the denial of summary judgment and remanded. Justice Slaughter concurred in Parts I and II and in the judgment.