Moroni Perry, Dba Perry’s Mill and Cabinet Shop, Third-Party Plaintiff and Appellant v. Pioneer Wholesale Supply…

Summary

The Utah Supreme Court affirmed the district court’s summary judgment, holding that the Uniform Commercial Code’s four‑year limitation period for breach of warranty actions controls over the general six‑year contract limitations, that an amendment adding third‑party defendants cannot relate back under Rule 15(c) because there is no identity of interest, and that the UCC limitation bars indemnity actions based on breach of warranty. The court relied on the specific language of §70A‑2‑725 and rejected the appellant’s arguments on both procedural and substantive grounds.