Minnesota Session Laws - 1989, Regular Session

  

                         Laws of Minnesota 1989 

                        CHAPTER 187-S.F.No. 391 
           An act relating to civil actions; excluding certain 
          structures from the limitation period provided by the 
          uniform commercial code; amending Minnesota Statutes 
          1988, section 336.2-725. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
     Section 1.  Minnesota Statutes 1988, section 336.2-725, is 
amended to read: 
    336.2-725 [STATUTE OF LIMITATIONS IN CONTRACTS FOR SALE.] 
    (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.  
    (3) Where an action commenced within the time limited by 
subsection (1) is so terminated as to leave available a remedy 
by another action for the same breach such other action may be 
commenced after the expiration of the time limited and within 
six months after the termination of the first action unless the 
termination resulted from voluntary discontinuance or from 
dismissal for failure or neglect to prosecute.  
    (4) This section does not alter the law on tolling of the 
statute of limitations, nor does it apply to causes of action 
which have accrued before this chapter becomes effective.  Nor 
does this section apply to actions for the breach of any 
contract for sale of a grain storage structure that is an 
improvement to real property, which actions shall be subject 
only to the statute of limitations set forth in section 541.051. 
    Sec. 2.  [EFFECTIVE DATE; APPLICATION.] 
    Section 1 is effective the day following final enactment 
and applies to matters pending on or commenced on or after the 
effective date. 
    Presented to the governor May 18, 1989 
    Signed by the governor May 19, 1989, 8:55 p.m.