Michigan Compiled Laws

Mich. Comp. Laws § 440.2717 (2026)

Deduction of damages from price; notice.

✓ current as of July 2026

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UNIFORM COMMERCIAL CODE

Act 174 of 1962

440.2717 Deduction of damages from price; notice.

Sec. 2717.

The buyer on notifying the seller of his intention to do so may deduct all or any part of the damages resulting from any breach of the contract from any part of the price still due under the same contract.

History: 1962, Act 174, Eff. Jan. 1, 1964

Notes of Decisions

Cited in 5 cases, 1974–2015 · leading case: Purofied Down Prods. Corp. v. Royal Down Prods., Inc., 87 F.R.D. 685 (W.D. Mich. 1980).

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Purofied Down Prods. Corp. v. Royal Down Prods., Inc., 87 F.R.D. 685 (W.D. Mich. 1980). · cites it 9× “§ 440.2717; M.S.A. § 19.2717). 2 Plaintiff also moves for protective order, designed to prevent defendant from deposing one of its own witnesses by way of interrogatories.”

Intervale Steel v. Borg & Beck Div., Borg-Warner, 578 F. Supp. 1081 (E.D. Mich. 1984). · cites it 2× “§ 440.2717. 25 The Code specifically delineates the damages a buyer is entitled to when he accepts nonconforming goods.”

Lycos v. Gray Mobile Home Sales, Inc., 256 N.W.2d 63 (Mich. Ct. App. 1977). “Since § 2717 of the code (MCLA 440.2717; MSA 19.2717) allows a buyer to deduct from the purchase price still owing damages occasioned by the seller’s breach, it is logical to assume, as a matter of law, that the plaintiffs here must have indemnity from the sellers in any suit by…”

Detroit & N. Sav. & Loan Ass'n v. Woodworth, 221 N.W.2d 190 (Mich. Ct. App. 1974). “” MCLA 440.2717; MSA 19.2717. The "official uniform commercial code comment” attached to that section indicates that while the buyer may withhold all or part of the price pursuant to a breach on the seller’s part, "[t]he buyer, however, must give notice of his intention to…”

Eden Foods Inc v. Am. Soy Prods. Inc (Mich. Ct. App. 2015). · cites it 2× “Eden was, therefore, authorized to offset the purchase price pursuant to MCL 440.2717, which provides: “The buyer on notifying the -6- seller of his intention to do so may deduct all or any part of the damages resulting from any breach of the contract from any part of the price…”

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