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Keith v. Buchanan

173 Cal. App. 3d. 13 (1985)

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Keith v. Buchanan

California Court of Appeal

173 Cal. App. 3d. 13 (1985)

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Facts

Brian Keith (plaintiff) sought to purchase a seaworthy sailboat known as the Island Trader 41. The defendants’ brochure for the Island Trader 41 specified that it was a seaworthy vessel. Keith also discussed his desire for a seaworthy vessel with one of the defendants’ sales representatives. Although Keith himself had extensive knowledge about sailboats, Keith had a friend inspect the vessel. The friend confirmed the vessel was fit for Keith’s purposes. Keith ultimately purchased the Island Trader 41 from the defendants. Keith subsequently brought suit, contesting the seaworthiness of the vessel. The trial court granted the defendants’ motion for judgment after trial, finding that the defendants had not made an express warranty as to the vessel’s seaworthiness. The trial court further found there was no implied warranty of fitness. Keith appealed.

Rule of Law

Issue

Holding and Reasoning (Ochoa, J.)

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