Tribe v. Peterson
964 P.2d 1238 (Wyo. 1998)
- The Tribe family moved to Wyoming and bought their first horse from the Petersons.
- Some time after buying the horse, both Tribes (husband and wife) were separately thrown off the horse. Mr. Tribe broke his wrist.
- Tribe sued for breach of warranty
- Tribe argued that that the Petersons had guaranteed that horse would be “gentle.” He also argued that the Petersons negligently and fraudulently misrepresented the horse’s nature.
- That is known as an express warranty.
- Express warranties for sale of goods are codified in UCC §2-313(1)(b), which says, “any description of the goods which is made part of the basis of the bargain creates an express warranty that the goods shall conform to the description.”
- 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.
- The Petersons argued that it would be impossible to guarantee a horse wouldn’t buck, so they would never have made such an express warranty.
- The Trial Court found for the Petersons. Tribe appealed.
- Appellate Court affirmed. Tribe appealed.
- Wyoming Supreme Court affirmed.
- The Courts all found that there was no misrepresentation. The horse was gentle, but even gentle horses throw riders sometimes.
- Basically the Courts said that any horse seller would know that it was not possible to guarantee anything with regards to horse attitudes, so there was no way the Petersons would have made an express warrantee.