but “an affirmation merely of the value of the goods or a statement purporting to be merely the seller’s opinion or commendation of the goods does not create a warranty.”). Stephens argues that the circumstances surrounding the Washington Supreme Court’s opinion in Travis v. Washington Horse Breeders Association are analogous to the facts here. 111 Wash.2d 396, 759 P.2d 418 (1988). There an equine auction advertised “truly outstanding” horses that were “bound to run.” Id. at 419. Statements were made that the particular horse in question was “a fine athlete” and “in very good condition.” Id. The court upheld the jury’s verdict that these statements had created an express warranty that the horse was “healthy and fit for racing and breeding purposes.” Id. at 422. , 985-87 (E.D.Ky.1993) (<HOLDING>). D. Fraud Finding no relief in his contractual
holding elements of rescission are 1 holding that buyer was saddled by the sale because the cos contains an as is clause and disclaims the existence of warranties either expressed or implied which are not contained therein holding an arbitration clause contained in confirmations sent to buyer by seller was part of parties course of dealing and therefore part of the contract after buyer had repeated opportunities to object to the clause and had failed to do so holding a provision in a contract for sale of a tractor disclaiming implied warranties of merchantability and fitness was not sufficiently conspicuous holding buyer not entitled to rescission of sale based on unconscionability because of the coss as is clause which properly disclaims all express and implied warranties