Law for Business 10th Edition by James Barnes,Terry Dworkin,Eric Richards

Exercise 1

Helen Preston consulted Dr. Benjamin Thompson, a specialist in fitting and preparing dentures, about obtaining a new set of dentures. She paid him $750, and after numerous appointments at which measurements were taken, she received her dentures. She experienced some pain and had trouble eating with the lower set. Dr. Thompson made numerous adjustments to the lower set and indicated a willingness to continue working with her until the fit was satisfactory. She refused to continue, however, and filed suit against Dr. Thompson for breach of the Code's implied warranty of merchantability (discussed in Chapter 20). Was Preston's agreement with Dr. Thompson a sale of "goods" under the Code?