Cook

Only available on StudyMode
  • Download(s) : 96
  • Published : April 19, 2013
Open Document
Text Preview
COOK v. DOWNING 891 P.2d 611 (Okla. Ct. App. 1994)

HUNTER, Judge: Appellant is a licensed dentist who devotes less than 50% of his practice to fitting and making dentures. Appellee, a patient, sued Appellant in small claims court because of mouth trouble she had on account of the dentures. Appellee alleged the condition was the result of illfitting dentures. Appellant testified that the condition was generalized and not consistent with localized sore spots which would result from ill-fitting dentures. Appellant referred Appellee to oral surgeons. The dental specialists’ evidence showed that they believed the condition was due to either … an autoimmune reaction or an allergy to the dental material. Although none of the dental evidence pinpointed the source of the problem, it consistently ruled out ill-fitting dentures. After trial, the court entered judgment in favor of Appellee, setting forth that damages were awarded pursuant to Article 2 of the Oklahoma Uniform Commercial Code §§ 2-104, 2105, and 2-315, … and that attorney fees were awarded pursuant to 12 O.S.1991 § 936. [Section 2-104(1)] defines merchant as “a person who deals in the goods of the kind or otherwise by his occupation holds himself out as having knowledge or skill peculiar to the practices or goods involved in the transaction or to whom such knowledge or skill may be attributed by his employment of an agent or broker or other intermediary who by his occupation holds himself out as having such knowledge or skill.” Section 2-105(1) defines goods as meaning “all things (including specially manufactured goods) which are movable at the time of identification to the contract for sale other than the money in which the price is to be paid, investment securities (Article 8) and things in action. ‘Goods’ also includes the unborn young of animals and growing crops and other identified things attached to realty ...” The law of implied warranty in the commercial code is found in § 2-315 which states:...
tracking img