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33 people signed the visitors' book. The February 28, 1988,
Lucid Cruising corporate minutes contained the statement that
petitioners reminded Kanter Yachts that, if someone purchased a
yacht after viewing Brendan, they expected a 5-percent fee.
For the next 12 months, petitioners spent time equipping
Brendan for their projected cruise to New Zealand, which was
scheduled for May 1989. However, petitioners discovered problems
with Brendan and requested that Kanter Yachts rectify the
situation. In June 1988, petitioners took a cruise for a week to
the San Juan Islands in Washington State.
On July 12, 1988, petitioner wife, as a representative of
Lucid Cruising, wrote to Kanter Yachts regarding the planned
arrival of Brendan in Redwood City, California. The letter
states:
It is Morgan's hope that BRENDAN will be the yacht that
he has planned and looked forward to having. He
believes that after the leaks have been repaired, the
decks primed and recalked and epoxy that was spilled
next to the bulwarks cleaned he will forget the
problems that have plagued Brendan since her delivery
in Seattle and truly begin to enjoy her.
Additionally, petitioner wife stated that she was interested in
having the boat “returned to original value” and taking all steps
to protect their investment.
Sometime in July 1988, petitioners sailed Brendan for 5 days
from Washington State to Redwood City, California, where
petitioners docked Brendan. Until January 1989, Brendan was
permanently docked in Redwood City. This location was
approximately 50 minutes from petitioners' residence.
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