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IMPERIAL STAMP & ENGRAVING CO. v. BAILEY

No. 79-422.

82 Ill. App.3d 835 (1980)

403 N.E.2d 295

IMPERIAL STAMP & ENGRAVING CO., INC., Plaintiff-Counterdefendant-Appellant, v. HOWARD BAILEY, d/b/a Fast Pak Service, Defendant-Counterplaintiff-Appellee.

Appellate Court of Illinois — Second District.

Opinion filed April 8, 1980.

Attorney(s) appearing for the Case

James R. Hannon, of Ernst, Gallagher & Hannon, of Oak Brook, for appellant.

Egils H. Krolls, of Rolling Meadow, for appellee.

Judgment affirmed.

Mr. JUSTICE LINDBERG delivered the opinion of the court:

The single issue presented by this case is whether the language "WE CAN ONLY GUARANTEE PERFORMANCE OF OUR EQUIPMENT. OVERALL PRODUCTION IS NOT GUARANTEED." contained in a purchase order is sufficient under section 2-316 of the Uniform Commercial Code (Ill. Rev. Stat. 1977, ch. 26, par. 2-316) to disclaim an implied warranty of fitness for a particular purpose.

Plaintiff, Imperial...

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