TRU-CUT LANDSCAPING INC V GREG BEAUCHAMP
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STATE OF MICHIGAN
COURT OF APPEALS
TRU-CUT LANDSCAPING,
UNPUBLISHED
December 29, 2005
Plaintiff-Appellant,
V
No. 263476
Wayne Circuit Court
LC No. 04-418774-CZ
GREGORY BEAUCHAMP,
Defendant-Appellee.
Before: Murphy, P.J., and Sawyer and Meter, JJ.
PER CURIAM.
Plaintiff appeals as of right from a circuit court order granting defendant’s motion for
summary disposition. We affirm. This appeal is being decided without oral argument pursuant
to MCR 7.214(E).
This issue in this case is whether the sale of stone by defendant to plaintiff for the
purpose of building a retaining wall carried with it an implied warranty of fitness under MCL
440.2315, a section of the Uniform Commercial Code (UCC). The trial court ruled that it did
not.
We review de novo a trial court’s ruling with respect to a motion for summary
disposition. Kefgen v Davidson, 241 Mich App 611, 616; 617 NW2d 351 (2000). Issues of
statutory interpretation are also reviewed de novo on appeal. Roberts v Mecosta Co General
Hosp, 466 Mich 57, 62; 642 NW2d 663 (2002).
Article 2 of the UCC applies to contracts for the sale of goods. MCL 440.2102. Plaintiff
has not discussed the preliminary question regarding whether the stone at issue constituted goods
as defined by the UCC. See MCL 440.2105(1) and MCL 440.2107(1). Assuming without
deciding that the contract did involve the sale of goods, we find that plaintiff failed to establish a
prima facie case of breach of warranty.
A contract for the sale of goods may carry an implied warranty of fitness for a particular
purpose:
Where the seller at the time of contracting has reason to know any
particular purpose for which the goods are required and that the buyer is relying
on the seller’s skill and judgment to select or furnish suitable goods, there is
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unless excluded or modified . . . an implied warranty that the goods shall be fit for
such purpose. [MCL 440.2315.]
The evidence showed that defendant had reason to know the particular purpose for which
the stone was required; he admitted at his deposition that plaintiff’s president, Michael Storm,
said he planned to use it to build a retaining wall. However, for an implied warranty to arise,
defendant must also have known that Storm was relying on his skill and judgment to furnish
stone suitable for that purpose. See Ambassador Steel Co v Ewald Steel Co, 33 Mich App 495,
501; 190 NW2d 275 (1971).
The evidence showed that Storm told defendant that he planned to use the stone to build a
retaining wall but did not mention any particular attributes it required. Moreover, although there
is a question of fact regarding whether defendant represented that the stone was suitable for use
in a retaining wall, there is no evidence that Storm, a landscaper by profession, relied on
defendant, who is not a landscaper, for selecting the type of stone with which the wall would be
built. Indeed, Storm admitted that he went to the quarry from which defendant planned to buy
the stone to examine the stone produced there. Despite noticing flaking stones at the site, Storm
believed the stone to be suitable for his needs and placed the order with defendant. Because
plaintiff did not rely on defendant’s skill and judgment to furnish suitable goods, the trial court
did not err in granting defendant’s motion for summary disposition.
Affirmed.
/s/ William B. Murphy
/s/ David H. Sawyer
/s/ Patrick M. Meter
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