Lewis v. Bayliner Marine Corp.

Dolan, PJ.

In this action, the court found that defendant breached its implied warranty of merchantability with respecttoapowerboat manufactured by defendantand sold by its dealer to plaintiff. The court assessed damages in the amount of $18,000 and defendant appealed, alleging that the evidence does not warrant a finding for the plaintiff.1 There is no error.

On March 24, 1988, plaintiff purchased a new 1988 24-foot offshore powerboat. Within weeks thereafter, plaintiff returned the boat for repairs to the selling dealer because of a large number of stress cracks and a soft spot in the hull.…