Mills v. Forestex Co.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that the discovery rule is an objective test, looking to what a reasonable inquiry would have revealed
• stating \Privity of contract is a prerequisite in California for recovery on a theory of breach of implied warranties of fitness and merchantability.\
• applying the delayed discovery rule 17 based on the future performance exception in Cal. Com. Code § 2725(2)
• defendant will not be estopped from asserting the statute of limitations as a defense where plaintiff could not reasonably have relied on defendant’s false promises
• “Reliance by the party asserting the 4 estoppel on the conduct of the party to be estopped must have been reasonable under the 5 circumstances.”
• future performance exception applies to 25-year warranty on the hardboard siding installed on house and garage

Source: CourtListener parenthetical corpus (CC0).