Colonial Dodge, Inc. v. Miller

Clarence Miller (defendant) bought a car from Colonial Dodge (plaintiff) with a heavy-duty trailer package specifically including a spare tire, given his habit of long-distance travel; upon discovering the spare was missing the day after pickup, Miller promptly notified Colonial the next morning, was told none was available, and immediately stopped payment and left the car for Colonial to retrieve. Colonial sued for the purchase price, arguing the missing spare tire was not a substantial impairment justifying revocation of acceptance; the trial court and court of appeals agreed with Colonial.