Capitol Dodge Sales v. Northern Concrete Pipe, Inc.
Michigan Court of Appeals
346 N.W.2d 535 (1983)
- Written by Megan Schwarz, JD
Facts
Northern Concrete Pipe, Incorporated (Northern) (defendant) approached Capitol Dodge Sales (Capitol) (plaintiff) about purchasing a truck with a snowplow attachment. While test-driving the truck, the engine overheated. Capitol assured Northern that the engine would not overheat if the snowplow was properly placed. Northern purchased the truck and tendered a check for the full payment of the truck. Capitol attached the snowplow and during the drive back to Northern’s business, the truck’s engine overheated. Northern brought the truck back to Capitol so that Capitol could repair the truck. Capitol claimed to repair the truck, but the engine again overheated on the drive back to Northern’s business. Northern told Capitol that Northern was rejecting the truck and stopped payment on the check. Capitol sued Northern for full payment stating that Northern had accepted the truck. The trial court held for Capitol finding that Northern had accepted the truck. Northern appealed.
Rule of Law
Issue
Holding and Reasoning (Peterson, J.)
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