Capitol Dodge Sales v. Northern Concrete Pipe, Inc.
Michigan Court of Appeals
685 N.W.2d 875 (Mich. Ct. App. 2004)
Northern Concrete Pipe (defendant) bought a truck with a snowplow attachment from Capitol Dodge Sales (plaintiff) after test-driving it (during which it overheated) and receiving assurances the overheating would stop once the snowplow was properly positioned; after Northern paid in full and Capitol installed the snowplow, the truck overheated again on the drive back, and after a supposed repair, it overheated a third time on a subsequent drive. Northern then rejected the truck and stopped payment, but Capitol sued for full payment, arguing Northern had already accepted the truck; the trial court agreed with Capitol, and Northern appealed.
Whether a buyer's reasonable opportunity to inspect goods before acceptance under the UCC includes the opportunity to actually put the goods to their intended use or test their capability to perform as intended.