Plateq Corp of North Haven v. Machlett Labs., Inc.
189 Conn. 433, 456 A.2d 786 (Conn. 1983)
ordered some special radiation-proof steel tanks from Plateq.The contract stipulated that the
tanks would be tested after installation.
had never made radiation-proof tanks before and Machlett had never
designed them before.
encountered some difficulties and delays with performance.Machlett's engineer inspected the
finished product at Plateq's facility, noted a few minor deficiencies, but
said that Machlett would pick up the tanks the next day.However, instead, they canceled
the contract (without specifying why).Plateq sued.
Trial Court found for Plateq.
Trial Court found that the goods were substantially complete.
Court found that Machlett had accepted the goods in accordance with
UCC §2-606(1)(a) by saying they
would pick the tanks up.
Court found that Machlett had not made an effective rejection under
needed to be very specific about what the defect was, in order to give
Plateq an opportunity to make a conforming tender under UCC §2-508(2).
Trial Court found that under UCC §2-608, once acceptance had occurred, Machlett could only revoke
acceptance by showing substantial impairment of the goods' value.
Appellate Court affirmed.
unsuccessfully argued that their engineer's final examination of the
goods showed that the tanks were so incomplete and unsatisfactory that
they were rightfully entitled to conclude that Plateq would never make a conforming