Mississippi Code
Miss. Code Ann. § 75-2-607 (2026)
Effect of acceptance; notice of breach; burden of establishing breach after acceptance; notice of claim or litigation to person answerable over
✓ current as of July 2026
- (1) The buyer must pay at the contract rate for any goods accepted.
- (2) Acceptance of goods by the buyer precludes rejection of the goods accepted and if made with knowledge of a nonconformity cannot be revoked because of it unless the acceptance was on the reasonable assumption that the nonconformity would be seasonably cured but acceptance does not of itself impair any other remedy provided by this chapter for nonconformity.
- (3) Where a tender has been accepted
- (a) the buyer must within a reasonable time after he discovers or should have discovered any breach notify the seller of breach or be barred from any remedy; and
- (b) if the claim is one for infringement or the like (subsection (3) of Section 2-312) [Section 75-2-312(3)] and the buyer is sued as a result of such a breach he must so notify the seller within a reasonable time after he receives notice of the litigation or be barred from any remedy over for liability established by the litigation.
- (4) The burden is on the buyer to establish any breach with respect to the goods accepted.
- (5) Where the buyer is sued for breach of a warranty or other obligation for which his seller is answerable over
- (a) he may give his seller written notice of the litigation. If the notice states that the seller may come in and defend and that if the seller does not do so he will be bound in any action against him by his buyer by any determination of fact common to the two (2) litigations, then unless the seller after seasonable receipt of the notice does come in and defend he is so bound.
- (b) if the claim is one for infringement or the like (subsection (3) of Section 2-312) [Section 75-2-312(3)] the original seller may demand in writing that his buyer turn over to him control of the litigation including settlement or else be barred from any remedy over and if he also agrees to bear all expense and to satisfy any adverse judgment, then unless the buyer after seasonable receipt of the demand does turn over control the buyer is so barred.
- (6) the provisions of subsections (3), (4) and (5) apply to any obligation of a buyer to hold the seller harmless against infringement or the like (subsection (3) of Section 2-312) [Section 75-2-312(3)].
Codes, 1942, § 41A:2-607; Laws, 1966, ch. 316, § 2-607, eff. 3/31/1968.
Notes of Decisions
Cited in 7
cases, 1986–1995 · leading case: Juanita B. Fairley v. Turan-Foley Imports, Inc., D/B/A Turan-Foley Mitsubishi, 65 F.3d 475 (5th Cir. 1995).
Juanita B. Fairley v. Turan-Foley Imports, Inc., D/B/A Turan-Foley Mitsubishi, 65 F.3d 475 (5th Cir. 1995). “Miss.Code Ann. § 75-2-607 (1972). Finally, “Acceptance of goods occurs when the buyer (a) after reasonable opportunity to inspect the goods, signifies to the seller that the goods are conforming or that he will take or retain them in spite of their nonconformity; .”
Beck Enter., Inc. v. Hester, 512 So. 2d 672 (Miss. 1987). “entitled to a directed verdict? Appellant Beck contends it was entitled to a directed verdict because the Hesters allegedly failed to prove that Beck had been notified of any breach of warranty as required by Miss. Code Ann. § 75-2-607 (3)(a) or had been given an opportunity to…”
Gast v. Rogers-Dingus Chevrolet, 585 So. 2d 725 (Miss. 1991). “NOTES [1] Installment contracts requiring or authorizing delivery of goods in separate lots to be separately accepted are excepted from this rule and remedies of the buyer are controlled by Miss. Code Ann. § 75-2-612 (Supp. 1990). [2] Pertinent and relevant parts of Miss.”
C.R. Daniels, Inc. v. Yazoo Mfg. Co., 641 F. Supp. 205 (S.D. Miss. 1986). “” Miss.Code Ann. § 75-2-607(3)(a) (1972). “The burden is on the buyer to establish any breach with respect to goods accepted.”
Curry v. Sile Distributors & Investarm, S.P.A., 727 F. Supp. 1052 (N.D. Miss. 1990). “Likewise, assuming Sile properly tendered its defense as required by Miss. Code Ann. § 75-2-607 (5)(a) (1972), Investarm is in no way obliged to defend Sile in this dispute.”
United States ex rel. Control Sys., Inc. v. Arundel Corp., 826 F.2d 298 (5th Cir. 1987). “Lar’s failure to notify, the district court held, contravened Miss.Code Ann. § 75-2-607(3)(a), providing that: (3) where a tender has been accepted (a) the buyer must within a reasonable time after he discovers .”
Fairley v. Turan-Foley Imports, Inc. (5th Cir. 1995). “Miss.Code Ann. § 75-2-607 (1972). Finally, "Acceptance of goods occurs when the buyer (a) after reasonable opportunity to inspect the goods, signifies to the seller that the goods are conforming or that he will take or retain them in spite of their nonconformity; .”
— Miss. Code Ann. § 75-2-607(3)(a) — 2 cases
C.R. Daniels, Inc. v. Yazoo Mfg. Co., 641 F. Supp. 205 (S.D. Miss. 1986). “” Miss.Code Ann. § 75-2-607(3)(a) (1972). “The burden is on the buyer to establish any breach with respect to goods accepted.”
United States ex rel. Control Sys., Inc. v. Arundel Corp., 826 F.2d 298 (5th Cir. 1987). “Lar’s failure to notify, the district court held, contravened Miss.Code Ann. § 75-2-607(3)(a), providing that: (3) where a tender has been accepted (a) the buyer must within a reasonable time after he discovers .”
— Miss. Code Ann. § 75-2-607(4) — 1 case
C.R. Daniels, Inc. v. Yazoo Mfg. Co., 641 F. Supp. 205 (S.D. Miss. 1986). “” Miss.Code Ann. § 75-2-607(3)(a) (1972). “The burden is on the buyer to establish any breach with respect to goods accepted.”
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