Golsen v. ONG Western, Inc.

KAUGER, Justice,

with whom OPALA, Justice, joins concurring:

I agree that no relief should be granted here. However, I believe that a fuller discussion of the Uniform Commercial Code, 12A O.S.1981 § 2-615,1 than that provided by the majority opinion, is warranted. Although the Court recognized the applicability of the Uniform Commercial Code (UCC) to the facts presented, it curtailed its discussion of commercial impracticability, a defense fairly comprised by the pleadings and the trial court’s findings of fact and conclusions of law.2

A basic tenet of commercial law, now codified in § 2-615 of…