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Contracts Keyed to Whaley
Capitol Dodge Sales v. Northern Concrete Pipe, Inc.
Citation:Michigan Court of Appeals, 1983. 131 Mich. App. 149, 346 N.W.2d 535.
Capitol Dodge Sales (Plaintiff) was approached by defendant regarding purchasing a truck with a snowplow attached. Northern Concrete Pipe, Inc. (Defendant) test drove the truck, and during the drive, the engine overheated. Plaintiff assured defendant that if the snowplow was properly attached, this would not happen. Defendant purchased the truck, and on the drive back to defendant’s business, the truck’s engine overheated. Defendant immediately brought the truck back to plaintiff for repair. Plaintiff claimed to have repaired it, but when defendant drove back to its business for a second time, the truck overheated again. Defendant told plaintiff it was rejecting the truck and that plaintiff would not receive full payment for it.
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