Colonial Dodge, Inc. v. Miller
Michigan Supreme Court
362 N.W.2d 704, 40 U.C.C. Rep. 1 (1984)
On April 19, 1976, Clarence Miller (Miller) (defendant) purchased a car from Colonial Dodge, Incorporated (Colonial) (plaintiff). The purchase price included a heavy-duty trailer package with extra wide tires, including a spare tire. On May 28, 1976, Miller picked up the car. Later, after arriving home, Miller discovered that the car did not have a spare tire and the next morning notified Colonial. Colonial informed Miller that Colonial did not have a spare tire available and Miller told Colonial that Miller was stopping payment on the checks tendered for payment and would leave the car in front of Miller’s house for Colonial to pick up. Colonial sued Miller for the purchase price arguing that the failure to include a spare tire did not constitute a substantial impairment in value of the car sufficient to authorize Miller to revoke acceptance of the car. The trial court held for Colonial and the court of appeals affirmed. Miller appealed.
Rule of Law
Holding and Reasoning (Kavanagh, J.)
Dissent (Ryan, J.)
Dissent (Boyle, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 726,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 726,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 45,700 briefs, keyed to 983 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.