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Contracts Keyed to Templin
Bayliner Marine Corp. v. Crow
Citation:
257 Va. 121Facts
In 1989 Plaintiff was invited to ride on a new model sport fishing boat, 3486 Trophy Convertible, that is manufactured by Defendant. Plaintiff asked the sales rep about the maximum speed of the boat. The sales rep consulted two documents described as “prop matrixes,” which were included by Defendant in its dealer’s manual. The sales rep gave Plaintiff copies of the “prop matrixes,” which listed the boat as having a maximum speed of 30 miles per hour when equipped with a size “20×20” propeller. The boat Plaintiff purchased had a size “20×17” propeller. The sales rep also showed Plaintiff a brochure that stated that this boat model “delivers the kind of performance you need to get to the prime offshore fishing grounds.” In August 1989, Plaintiff entered into a written contract for the purchase of the boat. However, in September 1989, Plaintiff discovered the boat’s maximum speed was 13 miles per hour so he immediately returned the boat and reported the problem.
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