Volk v. Kendall

Defendant Ronald W. Kendall appeals from the judgment of *13,628.40 entered against him in the Circuit Court of Tazewell County in favor of plaintiffs Albert Volk and Sharon Volk. The judgment was entered following a bench trial.

Two issues are raised on appeal: (1) whether a long-time friendship constitutes a past course of dealing within the meaning of section 1 — 205 of the Uniform Commercial Code (Ill. Rev. Stat. 1977, ch. 26, par. 1 — 205), and (2) whether the court erred in failing to find for the defendant on his affirmative defense of rescission.

The evidence produced at the trial was…