Merit Industries, Inc. v. Automotive Replacement Parts Co.

Plaintiff, a nationwide distributor of automotive parts, instituted suit against defendant, a Michigan wholesaler, in the common pleas court of the city of Detroit. Plaintiff alleged that discounts taken by defendant were improper because the payments were not made within the specified time, which the plaintiff claims was 90 days plus 5 days’ grace period. Defendant answered that there had been an oral extension of the time within which payments could be made. The plaintiff appeals from a decision by the trial court which sat without a jury.

On appeal plaintiff raises in reality only one…