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Contracts Keyed to Whaley
Colonial Dodge, Inc. v. Miller
Citation:
Michigan Supreme Court, 1984. 420 Mich. 452, 362 N.W.2d 704.Facts
Colonial Dodge, Incorporated (Plaintiff) purchased a car from Clarence Miller (Defendant). The car included a heavy-duty trailer package with extra wide tires. Defendant picked up the car from plaintiff, then he met his wife, and exchanged it for her car. Defendant’s wife noticed the car did not have a spare tire, so she notified plaintiff the following morning. Plaintiff informed defendant that they had no spare tires available, thus defendant informed plaintiff that it was stopping payments on the car, and would leave the car in front of his house for plaintiff to pick up.
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