RHEEM MFG. CO. v. PHELPS HEATING & AIR CONDITIONING, INC.

No. 49S02-0003-CV-219.

746 N.E.2d 941 (2001)

RHEEM MANUFACTURING COMPANY, Appellant (Defendant below), v. PHELPS HEATING & AIR CONDITIONING, INC., Appellee (Plaintiff below).

Supreme Court of Indiana.

May 9, 2001.


Attorney(s) appearing for the Case

Stephen L. Vaughan, Thomas J. Campbell, Locke, Reynolds, Boyd & Weisell, Indianapolis, IN, Attorneys for Appellant.

Robert A. Garelick, Bryan S. Redding, Cohen, Garelick & Glazier, Indianapolis, IN, Attorneys for Appellee.


ON PETITION TO TRANSFER

SULLIVAN, Justice.

Phelps expended considerable sums repairing Rheem furnaces that Phelps had sold and installed. We hold that the language of the UCC precludes Phelps from recovering consequential damages from Rheem for breach of express warranty and that the language of the express warranty at issue precludes Phelps from recovering for labor expenses. However, Phelps may still have...

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