Colonial Dodge, Inc. v. Miller

Brief Fact Summary.

Colonial Dodge, Inc. (Dodge) sued Miller for revoking acceptance of a vehicle claiming that Dodge’s failure to include a spare tire did not substantially impair the value of the vehicle.

Synopsis of Rule of Law.

A buyer make revoke acceptance after the delivery of non-conforming goods if the non-conforming goods impairs the value of the goods to the buyer.

Facts.

Miller purchased a car from Colonial Dodge, Inc. (Dodge) that was supposed to include extra wide tires with spare tires. After purchasing the car, Miller told Dodge that the car did not have spare tires and Doge informed Miller that no spare tires were available. Miller then informed Dodge that Miller would stop payment on the car and leave the vehicle in front of Miller’s property for Dodge to pick up. Dodge sued Miller and the trial court granted judgment for Dodge. The court of appeals affirmed.

Issue.

Whether a buyer make revoke acceptance after the delivery of non-conforming goods if the non-conforming goods impairs the value of the goods to the buyer?

Held.

Yes. Miller purchased a vehicle with a spare tire because Miller often traveled long distances. The failure for Dodge to include a spare tire substantially impaired the value of the vehicle. The judgment of the lower courts are reversed.

Dissent.

(Ryan, J.) The judgments of the lower courts should be affirmed because the lack of spare tires is not substantial as required by the UCC.

(Boyle, J.) The purpose of the UCC was to prevent a buyer from revoking acceptance due to trivial defects and the failure to include a spare tire was trivial.

Discussion.

It is not important whether or not the average person would accept the non-conformity, but whether the buyer is willing to accept the non-conformity.