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ILLINOIS OFFICIAL REPORTS
Appellate Court

Bruel & Kjaer v. Village of Bensenville, 2012 IL App (2d) 110500

Appellate Court Caption

BRUEL AND KJAER, Plaintiff-Appellant, v. THE VILLAGE OF BENSENVILLE, Defendant (Suburban O'Hare Commission, DefendantAppellee).

District & No.

Second District Docket No. 2-11-0500 April 26, 2012 Plaintiff's action to recover for the noise-monitoring and radar equipment and systems sold to defendant was properly dismissed as untimely on the grounds that the complaint was filed beyond the 4-year statute of limitations applicable to the sale of goods pursuant to a contract under section 2-725 of the Uniform Commercial Code and that the 10-year statute of limitations in section 13-206 of the Code of Civil Procedure applicable to the sale of services did not apply, since the predominant nature of the transaction as a whole was the sale of goods and the services provided under the contract were incidental to the sale of the "equipment and systems," especially when defendant was referred to as "buyer," defendant was to make a single payment after the equipment was delivered and installed, and plaintiff was supplying goods sufficient to accomplish defendant's purposes. Appeal from the Circuit Court of Du Page County, No. 10-L-1371; the Hon. John T. Elsner, Judge, presiding.

Filed Held
(Note: This syllabus constitutes no part of the opinion of the court but has been prepared by the Reporter of Decisions for the convenience of the reader.)

Decision Under Review

Judgment Counsel on Appeal

Affirmed. Marios N. Karayannis, of Brady & Jensen, of Elgin, and R. Brent Hatcher, Jr., of Smith, Gilliam, Williams & Miles, P.A., of Gainsville, Georgia, for appellant. Patrick K. Bond, Mary E. Dickson, and Scott A. Hadala, all of Bond, Dickson & Associates, P.C., of Wheaton, for appellee.

Panel

JUSTICE BIRKETT delivered the judgment of the court, with opinion. Justices McLaren and Hutchinson concurred in the judgment and opinion.

OPINION

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Illinois Law