Rudolph v. Huckman

OPINION

STOREY, Judge.

This is an action by plaintiff buyer for rescission of a June 8, 1966 agreement for sale of a 1965 model boat, based upon defendant boat dealer’s alleged breach of express and implied warranties made in connection with the agreement. Although the boat had set at defendant’s dealership since delivery from the manufacturer in October of 1964, defendant, pursuant to plaintiff’s request, described it in the bill of sale as a “new boat” and further stated- therein that the boat would be delivered “as a new boat” and that “all parts of the boat and accessories will be in…