Cengage Advantage Books: Foundations of the Legal Environment of Business 2nd Edition by Marianne Jennings, Albert Napier, Marianne Jennings

Exercise 19

Dr. Bryan Cook is a licensed dentist who fitted and made a set of dentures for Mrs. Iris Downing, a patient of Dr. Cook who was fitted for dentures. After Mrs. Downing received her dentures from Dr. Cook, she said they were ill-fitting and produced sore spots in her mouth. She filed suit against Dr. Cook on the basis of a breach of the UCC Article 2 implied warranty of fitness for a particular purpose.
The trial court awarded damages to Mrs. Downing on the basis of her remedies under UCC Article 2. Dr. Cook appealed, maintaining that the dentures were not a sale of goods and on the basis that his expert witness had testified that Mrs. Downing's problems were probably due to candidas, an autoimmune reaction, or an allergy to the dental material but that her problems were not due to ill-fitting dentures. Is Dr. Cook correct? Is this a common law services contract? [ Cook v. Downing , 891 P.2d 611 (Ok. Ct. App. 1995).]