Tribe v. Peterson

Supreme Court of Wyoming, 1998.

964 P.2d 1238.

Dawson, pp. 625-628

 

Facts: Tribe bought a horse named Badger from the Petersons.  Some time after buying the horse, both Tribe and his wife were bucked off the horse.  Tribe sued for breach of warranty, claiming that the sellers had guaranteed that Badger would be “gentle”.  The jury found for the Petersons and Tribe appealed.

 

Issue: Did the Petersons breach an express warranty?

 

Rule: In order for a seller to make an express warranty, they must make a statement of fact that relates to the goods and becomes part of the bargain.

 

Analysis:

 

Conclusion: The jury verdict is affirmed.

 

Back to Mistake and Misrepresentation

Back to Casebook Notes