Hauter v. Zogarts

1 Analyses of this case by attorneys

  1. The Best Allegation in a Lawsuit

    Wendel, Rosen, Black & Dean LLPLeonard MarquezSeptember 17, 2015

    The California Supreme Court has observed that “[a]lthough courts traditionally have allowed the seller considerable latitude in which to ‘puff’ the virtues of his product, ‘(t)he tendency of the modern cases is to construe liberally in favor of the buyer language used by the seller in making affirmations respecting the quality of his goods and to enlarge the responsibility of the seller to construe every affirmation by him to be a warranty when such construction is at all reasonable.’” Hauter v. Zogarts (1975) 14 Cal.3d 104, 112, fn. 7, quoting Lane v. C. A. Swanson & Sons (1955) 130 Cal.App.2d 210, 214.