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COLONIAL DODGE, INC v. MILLER

Docket No. 70660, (Calendar No. 14).

420 Mich. 452 (1984)

362 N.W.2d 704

COLONIAL DODGE, INC v. MILLER

Supreme Court of Michigan.

Decided December 28, 1984.

Released January 17, 1985.

Attorney(s) appearing for the Case

Anthony B. Roshak for the plaintiff.

Monash & Monash, P.C. (by Richard A. Monash and Harold R. Goldberg), for the defendant.

Amicus Curiae:

Colombo & Colombo (by Lawrence F. Raniszeski) for Detroit Automobile Dealers Association.

KAVANAGH, J.

This case requires the Court to decide whether the failure to include a spare tire with a new automobile can constitute a substantial impairment in the value of that automobile entitling the buyer to revoke his acceptance of the vehicle under MCL 440.2608; MSA 19.2608.

We hold it may and reverse.

On April 19, 1976, defendant Clarence Miller ordered a 1976 Dodge Royal Monaco station wagon from plaintiff Colonial Dodge which included a heavy...

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