GEORGE VERNON et al., Appellees, v. JERRY SCHUSTER, d/b/a Diversey Heating and Plumbing, Appellant., 179 Ill. 2d 338

Summary

Appellee customers purchased a boiler from a sole proprietor. After the seller's death, his son, appellant sole proprietor, did business under the same trade name that his father had used. After the boiler malfunctioned, appellees brought various causes of action. The trial court granted appellant's motion to dismiss claims of breach of contract and warranty based on his father's actions. The appellate court reversed and appellant sought review. The court reversed the appellate court and remanded the case to the trial court for further proceedings on appellees' other causes of action. Appellant's father was a sole proprietor and so was appellant. The fact that they used the same trade name did not make appellant liable for causes of action that had arisen against his father.