Contracts Keyed to Summers
Keith v. Buchanan
Facts
Brian Keith (Plaintiff) sought to purchase a seaworthy sailboat known as the Island Taker 41. Defendants’ brochure for the Island Taker 41 specified that it was a seaworthy vessel. Plaintiff also discussed his desire for a seaworthy vessel with one of Defendants’ sales representatives. Although Plaintiff himself had extensive knowledge about sailboats, Plaintiff had a friend inspect the vessel. The friend confirmed the vessel was fit for Plaintiff’s purposes. Plaintiff ultimately purchased the Island Taker 41 from Defendants. Plaintiff subsequently sued, contesting the seaworthiness of the vessel. The trial court granted Defendants’ motion for judgment after trial, finding that Defendants had not made an express warranty as to the vessel’s seaworthiness. The trial court further found there was no implied warranty of fitness. Plaintiff appealed.
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