Legal Opinion · Dissent

Cook v. Downing

Court of Civil Appeals of Oklahoma

Decided December 20, 1994No. 82669Published

1DissentCarl B. Jones, Judge

As is typical of small claims cases, there were no pleadings here to define the issues. *613At trial, however, issues were raised as to dental malpractice and breach of implied warranties under the UCC. Although the trial court based its decision on a finding of a breach of the implied warranty of fitness for a particular purpose, 12A O.S.1991 § 2-315, the trial court’s decision must be affirmed if sustainable on any ground. Benham v. Keller, 673 P.2d 152 (Okla.1983); Thompson v. Inman, 482 P.2d 927 (Okla.1971).

The decision cannot be affirmed on the basis of professional negligence as the…

2Cases cited4 opinions

  1. Benham v. KellerSupreme Court of Oklahoma · 1983
  2. United Engines, Inc. v. McConnell Construction, Inc.Supreme Court of Oklahoma · 1981
  3. Thompson v. InmanSupreme Court of Oklahoma · 1971
  4. Crysco Oilfield Services, Inc., an Oklahoma Corporation v. Hutchison-Hayes International, Inc., a Texas CorporationCourt of Appeals for the Tenth Circuit · 1990

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