In December 1998, Joseph Boud (plaintiff) visited Wasatch Marine (Wasatch), a yacht store run by SDNCO, Inc. (defendant). Wasatch gave Boud a brochure that contained a photograph of a yacht manufactured by KCS International, Inc., d/b/a Cruisers Yachts (Cruisers). The caption for the photograph stated that the yacht offered the “best performance” and “superb handling.” Boud decided to purchase the yacht based in part on the brochure. After purchase, Boud discovered numerous electrical and mechanical problems with the yacht. Pursuant to a limited warranty that provided only for repairs or replacement of defective parts, Wasatch attempted to repair the yacht without success. Boud brought suit, seeking rescission. Boud argued that the photograph and caption in the brochure constituted an express warranty and that the yacht he purchased did not satisfy that warranty. Cruisers moved for summary judgment. The district court granted the motion, finding that Boud’s claim failed, because the brochure contained mere puffery and did not constitute an express warranty. Boud appealed.