Keith v. Buchanan

220 Cal.Rptr. 392 (1985)

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Nature of the Case

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Facts

P purchased a sailboat, 'Island Trader 41,' from D in November 1978 for $75,610. P belonged to the Waikiki Yacht Club, had attended a sailing school, had joined the Coast Guard Auxiliary, and had sailed on many yachts in order to ascertain his preferences, he had not previously owned a yacht. During his search, P looked at a number of boats, spoke to sales representatives, and obtained advertising literature. In sales literature, the 'Island Trader 41,' was described as a seaworthy vessel; 'a picture of sure-footed seaworthiness.' In another, it is called 'a carefully well-equipped, and very seaworthy live-aboard vessel.' P relied on representations in the sales brochures in regard to the purchase. P and a sales representative also discussed P's desire for a boat which was ocean-going and would cruise long distances. Before purchase P asked his friend, Buddy Ebsen, who was involved in a boat building enterprise, to inspect the boat. Mr. Ebsen and one of his associates, both of whom had extensive experience with sailboats, observed the boat, and advised P that the vessel would suit his stated needs. After delivery, a dispute arose in regard to its seaworthiness. P sued for breach of express warranty and breach of implied warranty. The trial court granted D's motion for judgment at the close of plaintiff's case. The court found that no express warranty was established and that no implied warranty of fitness was created because P did not rely on the skill and judgment of D to select and furnish a suitable vessel, but had rather relied on his own experts in selecting the vessel. P appealed.