Bobholz v. Banaszak 9 UCC Rep.2d:25 (Ct. App. Wist. 2002) FACTS In July 2001, Randall Bobholz purchased a 1998 Glas- conversation, Banaszak again stated that the boat was in tron G5185 ski boat from John Banaszak. Bobholz dis- excellent condition, that it had been properly maintained covered the boat while searching the Internet. It was and winterized, and that he had personally winterized the advertised on two different websites, eBay, an Internet boat the year prior. Accordingly, Bobholz offered to pur- chase the boat for $12,500, and Banaszak accepted. The auction site, and American Boat Listing. The eBay ad following day they met in Madison to transfer the check, described the boat as "in perfect condition" and Ameri- boat, and title. Bobholz briefly inspected the boat, which can Boat Listing described it as "in excellent condition." appeared to be in "meticulous" condition. Both advertisements noted that Banaszak had used the Two weeks later, Bobholz was operating the boat when boat only minimally, approximately 21 to 24 hours since the engine started to lose power and then "just died." He he purchased it. took the boat to a marina to investigate the problem and On the basis of these representations, Bobholz con- learned that the intake manifold on the boat's engine had tacted Banaszak to discuss the boat. In the course of their two cracks in it, allowing water into the engine, which continued)