Colonial Dodge, Inc v. Miller case brief

Colonial Dodge, Inc v. Miller; (Ct of Appeals of Michigan, 1982); CB 122; Notes 19

• Facts: D purchased car from P. D thought truck included 5 tires, when he got home realized only 4 (tire shortage). D stopped payment and told P to come get car. P didn’t, towed by city. P sued for purchase price of car, claiming D accepted.
• Holding: can get money back b/c there was no opportunity to inspect the car, per § 2-608(1)(a), notwithstanding fact that buyer accepted car and drove it home. For amount that buyer already paid, he turns to § 2-711 to recover price.
• Rule: This is a rescission approach. Court saying there is essentially no K, under the perfect tender rule, b/c unless goods presented (tendered) are exactly as promised, the purchaser has the right to reject the whole.