Colonial Dodge, Inc. v. Miller - 116 Mich. App. 78, 322 N.W.2d 549 (1982)

Rule:

The mere taking of possession of goods by or delivery of goods to a buyer does not equal automatic acceptance, for the Uniform Commercial Code makes an important and just allowance of a reasonable opportunity to inspect goods. Mich. Comp. Laws § 440.2606(1)(a).

Facts:

Defendant purchased a new vehicle from plaintiff that was missing a spare tire. After receiving no satisfactory answer for the missing tire, defendant told plaintiff he no longer wanted the vehicle and said to pick up the vehicle. Subsequently, defendant stopped payment on the checks he had tendered in partial payment and parked the vehicle in front of his home. Plaintiff brought suit against defendant to recover the vehicle's purchase price. The trial court held that plaintiff was entitled to the contract purchase price because defendant had accepted the vehicle and subsequently breached the sales contract. Defendant appealed. 

Issue:

Under the circumstances, did the defendant accept the vehicle, thereby entitling the plaintiff to the contract purchase price? 

Answer:

No.

Conclusion:

The appellate court reversed, holding that defendant had not accepted the vehicle under Mich. Comp. Laws § 440.2606 and had an absolute right to reject the vehicle because it failed to conform to the contract. The court also held that defendant properly rejected the vehicle under Mich. Comp. Laws § 400.2602.