Contracts Keyed to Crandall
Colonial Dodge, Inc. v. Miller
Facts
The defendant purchased a car from the plaintiff, and the car included a heavy-duty trailer package with extra wide tires along with a spare tire. Later, the defendant discovered that the spare tire was not in the car and called the plaintiff to inquire into its whereabouts. The plaintiff informed him that they did not have the spare tire available and the defendant subsequently stoped payment on the check paid for the car and was going to leave the car in front of his house for the plaintiff to come and get. The defendant sued for the purchase price arguing that failure to include the spare tire was not a substantial defect that entitled the defendant to revoke his acceptance of the goods.
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