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

I respectfully dissent.

This appears to be a case of first impression in Michigan. The majority concludes that the payment on an open account that relates to the sale of goods is subject to the four-year limitations period in the Uniform Commercial Code (UCC), MCL 440.2725(1). I disagree with the majority, for two reasons. First, the current state of the law in Michigan requires a different conclusion. Second, the UCC does not abrogate common-law jurisprudence in Michigan concerning open accounts.

*76I. CURRENT STATE OF THE LAW

The current state of the law in Michigan is as follows: Payment on an…