Tague v. Autobarn Motors

              SECOND DIVISION
MARCH 17, 2009
1-07-1220
BENJAMIN TAGUE, ) Appeal from the
) Circuit Court of
Plaintiff-Appellant, ) Cook County.
)
v. )
) No. 05 L 007123
AUTOBARN MOTORS, LTD., and FORD MOTOR )
COMPANY, ) Honorable
) Stuart Nudelman,
Defendants-Appellees. ) Judge Presiding.
JUSTICE CUNNINGHAM delivered the opinion of the court:
Benjamin Tague (plaintiff), appeals from an order of the circuit court of Cook County which
dismissed with prejudice the breach of implied warranty of merchantability claims against Autobarn
Motors, Ltd. (Autobarn), and Ford Motor Co. (Ford) under section 2-619 of the Code of Civil
Procedure (Code) (735 ILCS 5/2-619 (West 2004)). On appeal, the plaintiff alleges that (1) the trial
court erred in dismissing the implied warranty of merchantability claim against Ford; (2) the trial court
erred in dismissing the implied warranty of merchantability and revocation claims against Autobarn;
and (3) the trial court erred in granting Ford an extension of time in which to file responses to the
plaintiff’s requests to admit. For the following reasons, we affirm.
BACKGROUND
On May 27, 2004, the plaintiff purchased a 2001 Ford Mustang from Autobarn, a car
dealership in Mount Prospect, Illinois. The purchase contract between the plaintiff and Autobarn
contained a disclaimer of warranties and indicated that the vehicle was being sold “as is.” Although