Bould v. SDNCO, Inc.
Utah Supreme Court
54 P.3d 1131 (2002)
Joseph Boud (plaintiff) visited a yacht store run by SDNCO, Inc. (defendant), which gave him a brochure showing a Cruisers Yachts model with a caption claiming "best performance" and "superb handling." Boud bought the yacht partly based on the brochure, but afterward found numerous electrical and mechanical problems. Under a limited warranty covering only repair or replacement of defective parts, the seller unsuccessfully tried to fix the boat. Boud sued for rescission, arguing the brochure's photo and caption created an express warranty the yacht failed to meet. The manufacturer, Cruisers, won summary judgment when the trial court found the brochure was mere puffery, not an express warranty, and Boud appealed.
Whether, under the parol evidence rule, a party who has signed a sales agreement containing a limited warranty may introduce evidence of a prior express warranty.