Fisher Sand & Gravel Co. v. Neal a Sweebe, Inc.

At issue is whether either an “account stated” or an “amount owed on open account” claim is subject to the four-year limitations period of § 2-725 of the Uniform Commercial Code (UCC), MCL 440.2725, which applies to actions for breach of the legal obligations that result from the sale of goods.1 I agree with the majority that the UCC’s four-year limitations period does not apply to an “account stated” claim because an “account stated” claim does not constitute an action for breach of the legal obligations that result from the sale of goods. Such a claim is not based upon the buyer’s failure…