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Contracts Keyed to Farnsworth
Bayliner Marine Corp. v. Crow
Citation:
257 Va. 121, 509 S.E.2d 499Facts
John R. Crow (plaintiff) was invited to test a new model sport fishing boat manufactured by Bayliner Marine Corporation (defendant). Crow briefly piloted the boat, but was unable to determine its speed. Crow discussed the specifications of the boat with a sales representative, who consulted two documents known as “prop matrixes.” Copies of these “prop matrixes” were given to Crow, along with a copy of a Bayliner brochure. Crow purchased the new model sport fishing boat. He later discovered that the boat’s maximum speed was thirteen miles per hour. Crow made various modifications to the boat to increase its speed. Despite his efforts, the boat consistently achieved a maximum speed of only seventeen miles per hour, except for one period when it reached a speed of twenty-four miles per hour. A Bayliner representative wrote to Crow and stated that the performance representations made to him at the time of the sale were incorrect and that the boat could only achieve a maximum speed of twenty-three to twenty-five miles per hour. Crow brought suit against Bayliner, arguing that the representations made to him at the time of the sale indicated that the boat was capable of a maximum speed of thirty miles per hour.
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