Plaintiff Ladner bought a horse from defendant Jordan without first riding the horse or having it examined by a veterinarian.  Upon first riding the horse, she discovered the horse was lame with arthritis.  She brought this lawsuit to rescind (undo) the contract of sale and get her money back. The trial court refused to undo the contract and in this opinion the Court of Appeals agrees with that decision.

The seller did not warrant the soundness of the horse.  Indeed, he said the horse was sold "as is" by which he meant the horse was as sound when sold as when he owned him.  This was no warranty at all.  There was no implied warranty for a particular purpose on these facts, nor was there an implied warranty of merchantability because defendant Jordan was not a merchant in the horse business.

1. What is the implied warranty of merchantability?
2. Can Plaintiff prevail in this lawsuit?