21st Mortgage ,formerly 21st Century Mortgage Corp. vs. Capitol Homes, LLC

Ms. Stella Ford ("Ford") purchased a manufactured home from Capitol Homes, LLC ("Capitol Homes") and contractually agreed to make monthly payments. At the same time, Capitol Homes assigned its rights under the contract with Ford to 21st Mortgage Corp. ("Plaintiff") through an Assignment by Seller ("Assignment"). Capitol Homes made twelve express warranties in the Assignment. The Assignment further provided it would be with limited recourse for two months. After the two months expired, Plaintiff sued Capitol Homes and James Hurst ("Hurst")(collectively referred to as "Defendants"). Hurst had personally guaranteed the debt of Capitol Homes. Plaintiff alleged, among other things, that Capitol Homes had breached several of the express warranties. Defendants filed a motion to dismiss claiming the two month limited recourse provision also applied to any claim for breach of express warranty. The trial court agreed, and dismissed the lawsuit. Plaintiff appeals, and we reverse.