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Capitol Dodge Sales v. Northern Concrete Pipe, Inc.

    Brief Fact Summary.

    Capitol Dodge Sales (plaintiff) sued Northern Concrete Pipe, Inc. (defendant).

    Synopsis of Rule of Law.

    Under the UCC a purchaser must have time to put a product to its intended use and have a reasonable time to inspect for defects.

    Facts.

    The defendant came to the plaintiff with an offer to purchase a truck with a snow plow. While the plaintiff was test driving the truck, the engine began to overheat yet the plaintiff assured the defendant this would not happen if the plow was placed properly. After the defendant paid for the truck he was driving back to his business with the snow plow attached and the truck began to overheat. The defendant brought the truck to the plaintiff for repairs and the plaintiff claimed to have fixed it, but the truck kept overheating. Defendant stopped payment on the check and plaintiff sued.

    Issue.

    Whether under the UCC a purchaser must have time to put a product to its intended use and have a reasonable time to inspect for defects.

    Held.

    Yes. Under the UCC a purchaser must have time to put a product to its intended use and have a reasonable time to inspect for defects.

    Discussion.

    Section 2-606 stands for the principle that before a buyer of goods accepts an offer the must have time to reasonable inspect the goods for defects. The buyer can take possession of the good, put them to their intended use, and inspect for defects. If the product fails inspection the buyer can reject the goods. Here, the defendant had time to inspect for defects and when they found the truck still overheated, had the right to reject the truck.


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