Boud v. Sdnco, Inc.

54 P.3d 1131 (2002)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

P visited D's retail operation to buy a Cruiser Yacht. D gave P a copy of Cruisers' 1999 sales brochure. P read and reviewed this brochure, paying particular attention to a page that contained a photograph of Cruisers' 3375 Esprit model apparently moving at a high rate of speed. Accompanying the photograph was a caption that read as follows: Offering the best performance and cruising accommodations in its class, the 3375 Esprit offers a choice of either stern drive or inboard power, superb handling and sleeping accommodations for six. Due in part to the depictions in the brochure, P bought a 3375 Esprit model yacht for over $150,000. During the test drive on May 20, 1999, and a subsequent test drive approximately a week later, the yacht manifested several electrical and mechanical problems. Pursuant to a limited warranty that accompanied the written contract, D serviced the yacht and attempted to fix the problems. A subsequent test drive of the yacht in early June revealed that problems still existed with the yacht. Due to the mechanical problems, P sought to rescind the sales agreement. Cruisers responded by offering to repair or replace any defective parts as per the limited warranty. P sued for rescission. P argues that the sales photograph and caption were themselves an express warranty. D moved for summary judgment based on the fact that the brochure amounted to mere sales puffery. It was granted, and P appealed.