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Reece v. Homette Corp.6/1/1993
REF-->395 S.E.2d 674 , reconsid. denied, 327 N.C. 632, 397 S.E.2d 76 (1990) (adopting the rule set forth in 2000 Watermark Association, 784 F.2d 1183). Cf. Spillman v. American Homes, 108 N.C. App. 63, 65, 422 S.E.2d 740, 741-42 (1992) ("a tort action does not lie against a party to a contract who simply fails to properly
perform the terms of the contract, even if that failure to properly perform was due to the negligent or intentional conduct of that party, when the injury resulting from the breach is damage to the subject matter of the contract. It is the law of contract and not the law of negligence which defines the obligations and remedies of the parties in such a situation."); Ports Authority v. Roofing Co., 294 N.C. 73, 81, 240 S.E.2d 345, 350 (1978) ("Ordinarily, a breach of contract does not give rise to a tort action by the promisee against the promisor."). Similarly, it would be anomalous to permit plaintiffs to circumvent the legislature's enactment of the U.C.C.'s shorter statute of limitations specifically designed for claims arising from the "transaction of goods" by virtue of a more general statute of limitations such as that found in G.S. 1-52(16).
In the U.C.C., G.S. 25-2-725 provides that:
(1) An action for breach of any contract for sale must be commenced within four years after the cause of action has accrued. By the original agreement the parties may reduce the period of limitation to not less than one year but may not extend it.
(2) A cause of action accrues when the breach occurs, regardless of the aggrieved party's lack of knowledge of the breach. A breach of warranty occurs when tender of delivery is made, except that where a warranty explicitly extends to future performance of the goods and discovery of the breach must await the time of such performance the cause of action accrues when the breach is or should have been discovered.
Here, the manufacturer's express warranty covered a period of approximately one year. Defendant tendered delivery of the mobile home in April 1986. Plaintiffs noticed the water damage over four years later in September 1990 and did not file their complaint until 9 April 1991. Accordingly, plaintiff has no right to recovery under the manufacturer's express warranty due to its expiration. Having filed their complaint on 9 April 1991, plaintiffs also failed to commence this action within four years after defendant tendered delivery. G.S. 25-2-725.
In sum, we conclude that plaintiff's action is barred by the statute of limitations found in G.S. 25-2-725.
Affirmed.
Judges COZORT and WYNN concur.
Disposition
Affirmed.
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