Question: John Crow took a ride on a new model sport fishing boat manufactured by Bayliner Marine Corp. There was no equipment on the boat for determining the speed. The salesman told Crow he had no information about the speed but did have two documents called "prop matrixes" from Bayliner's dealer's manual that listed the maximum speed for each boat model. When equipped with a size "20 20" propeller the boat's maximum speed was listed as 30 MPH. At the bottom of the prop matrix was the statement: "All testing atfull fuel and water tanks and 600 pounds passenger and gear weight."
Crow bought the boat, but it had a "20 17" propeller. He added equipment weighing 2,000 pounds. The boat only went 13 MPH. The dealer's repairs and adjustments got the speed up to 17 MPH. Crow sued Bayliner for breach of an express warranty. Did the statements in the prop matrixes create an express warranty?