Read Case 20.1in your text and then answer the following questions.

• Analyze the facts of the case in conjunction with the week's learning
• What facts support the finding of the court?
• Who will gain and who will lose in this case?
• What would you have done differently?

Case 20.1 STATE COURT CASE Acceptance of Goods

Accent Commercial Furniture, Inc. v. P. Schneider & Associates, PLLC

110 A.D.3d 1415, 974 N.Y.S.2d 175, 2013 N.Y. App. Div. Lexis 7075 (2013)

"The UCC provides that acceptance of goods takes place when the buyer fails to reject them after having reasonable opportunity to inspect them."

McCarthy, Judge

Facts

P. Schneider & Associates, PLLC (Schneider) contracted with Accent Commercial Furniture, Inc. for Accent to deliver and install furniture and wall panels in Schneider's office. Schneider made a $13,250 down payment on the purchase price of $44,330. When the furniture arrived, the parties discovered that the manufacturer had used incorrect fabric on the wall panels. Three months later the correct panels were installed. Accent sent Schneider an invoice for the unpaid balance. Schneider made no further payments. After one year, Accent sued Schneider to collect the remaining balance. Schneider argued that it did not owe the money because Accent had breached the contract by originally delivering the wrong goods. Accent alleged that Schneider had accepted the goods and therefore owed the outstanding balance. The trial court granted summary judgment to Accent, ordering Schneider to pay for the goods it had accepted and not rejected. Schneider appealed.

Issue

Does Schneider owe Accent the remaining balance?

Language of the Court

The UCC provides that acceptance of goods takes place when the buyer fails to reject them after having reasonable opportunity to inspect them. Plaintiff Accent met its burden on the summary judgment motion by submitting proof that it delivered and installed the furniture and defendant Schneider accepted the furniture by retaining it without attempting to return it.

Decision

The court held that Schneider owed Accent the remining balance of the purchase price.