On January 1, plaintiff Werner bought the White Eagle, a wooden sloop, from defendant Montana, and the

Question:

On January 1, plaintiff Werner bought the White Eagle, a wooden sloop, from defendant Montana, and the parties signed a bill of sale. The previous October they had signed an intent to purchase and sell. During their negotiations, the seller had assured the buyer orally that the hull would “make up” from swelling when placed in the water and would be watertight. At the end of June, Werner put the boat in the water. He allowed more than six weeks—a sufficient time—for the planking to swell to form a watertight hull. But the hull still leaked. The boat could not be sailed. Werner then checked the hull and for the first time discovered extensive dry rot which required substantial repairs. In a letter in September, he demanded that Montana take the boat back and refund the purchase price of $13,250. The defendant refused, and so Werner sued for rescission. Montana argued that the oral assurances he had given that the boat was watertight could not be admitted at the trial because of the parol evidence rule. Who should win? (Werner v. Montana, 378 A.2d 1130, N.H.)

Fantastic news! We've Found the answer you've been seeking!

Step by Step Answer:

Related Book For  book-img-for-question
Question Posted: