Question
In 1961, Dorothy and John Wilson purchased a painting from Hammer Galleries titled Femme Debout. It cost $11,000 (about $78,000 in 2010 dollars) and came
In 1961, Dorothy and John Wilson purchased a painting from Hammer Galleries titled Femme Debout. It cost $11,000 (about $78,000 in 2010 dollars) and came with this promise: "The authenticity of this picture is guaranteed." In 1984, an expert deemed the painting a fake. The district court held that the Wilsons' suit for breach of warranty, filed in February 1987twenty-one years after its purchasewas barred by the UCC's fouryear statute of limitations. The Wilsons argued, however, that the Code's exception to the four-year rule applied: [1] "A breach of warranty occurs when tender of delivery is made, except where a warranty explicitly extends to future performance and discovery must await the time of such performance the cause of action accrues when the breach is or should have been discovered."
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