Keith v. Buchanan

Opinion

OCHOA, J. *

This breach of warranty case is before this court after the trial court granted defendants’ motion for judgment at the close of plaintiff’s case during the trial proceedings. We hold that an express warranty under section 2313 of the California Uniform Commercial Code was created in this matter, and that actual reliance on the seller’s factual representation need not be shown by the buyer. The representation is presumed to be part of the basis of the bargain, and the burden is on the seller to prove that the representation was not a consideration inducing the bargain. We…