Steve Tribe (plaintiff) bought a horse from the Petersons (defendants). The Petersons and the brochure advertising the horse described the horse as gentle and kind. His first time riding the horse, Tribe was bucked off and broke his wrist. Tribe brought suit, claiming that the Petersons guaranteed that the horse would never buck. The Petersons, although admitting that they had stated that the horse had never bucked anyone off before, denied ever making such a guarantee. There was also significant testimony of individuals who stated that the horse was in fact calm and gentle. The trial court denied Tribe’s motion for summary judgment, found for the Petersons at trial, and denied Tribe’s motions for judgment as a matter of law and a new trial. Tribe appealed.