Colonial Dodge, Inc. v. Miller

1982

Court: Michigan Court of Appeals

Facts: Miller, afraid of driving in Detroit without a spare tire, bought a new station wagon. It was delivered without a spare tire. An initial phone call to the dealer produced no satisfactory remedy, so he stopped payment, and didn't register the car. When the temporary registration lapsed, the car got towed.

Posture: Judgment at initial trial in favor of the dealer. Appeal of right.

Issue: Did Miller wrongfully revoke acceptance the non-conforming goods?

Holding: No. Then yes. And then no.

Rule: Delivery is not acceptance.

Reasoning: First, just standard UCC. Then some consideration of whether the defect was substantial.

Dicta: