Tribe v. Peterson
Supreme Court of Wyoming
964 P.2d 1238 (Wyo. 1998)
Relevant factsFree
The Petersons (defendants) told buyer Tribe (plaintiff) their horse had never bucked and was calm and gentle, but Tribe was bucked off and broke his wrist on his first ride, suing on the theory the Petersons guaranteed the horse would never buck; substantial witness testimony supported the horse's generally calm disposition, and the jury found for the Petersons.
IssueFree
Whether a statement of fact describing an item's past actions amounts to an express warranty that the item will behave the same way in the future.