Towe v. Justis Brothers, Inc
In Towe v. Justis Brothers, Inc., 290 A.2d 657 (Del. Super. 1972), the defendant argued that since the good was not rejected within fourteen months after delivery, the good must have been merchantable (and thus acceptable to buyer) at the time of delivery. Id. at 658.
The response of the Towe court was that this argument "ignores the possibility of a latent defect.
The statute UCC 2-602 does not require rejection of a product for defects not yet discovered." Id. at 657-58.