March 29, 1996 in Idaho

Appeals Court Holds Sellers To Their Word

From Staff And Wire Reports

When the owners of a boat said it was in “good and seaworthy condition,” that created a warranty, the Idaho Court of Appeals says.

The court on Thursday ruled unanimously for William Pitzer and against Donald and Carol Swenson in a Kootenai County case.

Pitzer bought a boat from the Swensons for $24,500, but later found it had dry rot and repairs cost nearly $12,000.

Pitzer won a District Court judgment for that amount, plus costs and attorney fees.

The Court of Appeals agreed with the ruling.

In another decision, the Court of Appeals rejected the argument in a Cassia County case that a defendant’s rights were violated when officers took a blood-alcohol sample without a warrant.

Arcadio Rodriguez pleaded guilty to aggravated drunken driving after an automobile accident in which several people were injured.

The Court of Appeals rejected his argument that the involuntary taking of a blood sample violated his constitutional rights.

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