Tribe v. Peterson
Supreme Court of
964 P.2d 1238.
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.