KEITH V. BUCHANAN
220 Cal.Rptr. 392 (1985)
NATURE OF THE CASE: Keith (P), buyer, appealed a grant of Buchanan's (D), seller, motion
for judgment at the close of P/s case for breach of warranty.
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.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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