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GIDEON SERVICE DIV. v. DUNHAM-BUSH, INC.

No. 79-743.

80 Ill. App.3d 633 (1980)

400 N.E.2d 89

GIDEON SERVICE DIVISION, a division of Gideon Engineering Corporation, Plaintiff-Appellant, v. DUNHAM-BUSH, INC., Defendant-Appellee.

Appellate Court of Illinois — First District (1st Division).

Opinion filed January 21, 1980.

Attorney(s) appearing for the Case

Richard G. Siegel, of Boehm & Weinstein, Chartered, of Chicago, for appellant.

Donald E. Egan and Lee Ann Watson, both of Katten, Muchin, Gitles, Zavis, Pearl & Galler, of Chicago, for appellee.

Reversed and remanded.

Mr. JUSTICE O'CONNOR delivered the opinion of the court:

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...

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