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Contracts Keyed to Dawson
Tribe v. Peterson
Facts
The horse had been gentle with previous riders and was in good health at the time he was sold. The brochure announced the horse as “extra gentle” and “overly kind,” and the Defendants told the Plaintiff the same thing before he purchased the horse. After being thrown off and injured, the Plaintiff alleged the Defendants had breached an express warranty that the horse would never buck, and that they fraudulently and negligently misrepresented the horse’s nature. The trial court dismissed the Plaintiff’s motion for summary judgment, and the jury found for the Defendants on all claims.
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