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DRIVER v. SNOW

No. 391.

95 S.E.2d 519 (1956)

245 N.C. 223

Woodrow W. DRIVER v. Orville SNOW, Trading as Hanes Hardware and Appliance Company.

Supreme Court of North Carolina.

December 12, 1956.

Attorney(s) appearing for the Case

Deal, Hutchins and Minor, by Roy L. Deal, Winston-Salem, for plaintiff, appellant.

Parker & Lucas, Winston-Salem, for defendant, appellee.

HIGGINS, Justice.

At the time the defendant bought the secondhand stove he bought a water tank which had been attached to the stove. The plaintiff bought the stove knowing it was secondhand and knowing it had been used to heat water. He declined to buy the tank. After the purchase he loaded the stove on his truck, took it home, removed the pipes which permitted the water to circulate between the tank and the stove, and plugged the holes left by the removal of the...

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