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Keith v. Buchanan

California Court of Appeals

220 Cal.Rptr. 392 (1985)

Relevant factsFree

Brian Keith (plaintiff) sought to purchase a seaworthy sailboat, the Island Trader 41, and the defendants' sales brochure specifically and unequivocally described the boat as seaworthy; Keith also discussed his desire for a seaworthy vessel directly with a sales representative. Although Keith himself had extensive sailboat knowledge, he also had a friend inspect the boat, who confirmed it was fit for Keith's purposes; Keith then purchased the vessel. After later contesting its seaworthiness, Keith sued. The trial court found for the defendants after trial, holding no express warranty of seaworthiness had been made and no implied warranty of fitness existed either. Keith appealed.

IssueFree

Whether a showing of actual reliance on a warranty statement is necessary to prove the existence of an express warranty.

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