Gideon Service Division v. Dunham-Bush, Inc.

Plaintiff, Gideon Service Division, filed a complaint against defendant, Dunham-Bush, Inc., seeking damages under section 2 — 314(1) of the Uniform Commercial Code (Ill. Rev. Stat. 1977, ch. 26, par. 2 — 314(1)) for an alleged breach of an implied warranty for merchantability of a furnace component sold by defendant. Defendant filed a motion to dismiss based on its express disclaimer of an implied warranty of merchantability, and its motion was sustained. On appeal, plaintiff asserts that an oral contract for the sale of goods cannot be modified unilaterally by defendant after defendant has…