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FRY v. DUCE SPORTING GOODS, INC.

No. 14095.

547 P.2d 1338 (1976)

J. Stanley FRY and Beverly Fry, Plaintiffs and Appellants, v. DUCE SPORTING GOODS, INC., a Utah Corporation, Defendant, Third-Party Plaintiff and Respondent, v. STARFIRE INDUSTRIES, INC., a Utah Corporation and Hardin Marine, Third-Party Defendants and Respondents.

Supreme Court of Utah.

March 29, 1976.

Attorney(s) appearing for the Case

Carman E. Kipp and J. Anthony Eyre, of Kipp & Christian, Salt Lake City, for plaintiffs and appellants.

Dean E. Conder and Stephen L. Henriod, of Nielsen, Conder, Henriod & Gottfredson, Salt Lake City, for Duce Sporting Goods, Inc.

Paul N. Cotro-Manes, of Cotro-Manes, Warr, Frankhauser & Beasley, Salt Lake City, for Starfire.

W. Brent Wilcox, of Moyle & Draper, Salt Lake City, for Hardin.

ELLETT, Justice:

Fry entered into a written conditional sales contract to buy a motor boat from Duce. The boat did not measure up to Fry's expectations, and he sued for rescission and for damages for alleged breach of express and implied warranties. Duce counterclaimed for unpaid balances on the contract and filed a third-party complaint against Starfire and Hardin Marine, the manufacturers of the boat and motor.

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