WYATT v. NORTH CAROLINA EQUIPMENT COMPANY

No. 169.

117 S.E.2d 21 (1960)

253 N.C. 355

Cliff R. WYATT v. NORTH CAROLINA EQUIPMENT COMPANY.

Supreme Court of North Carolina.

November 23, 1960.


Attorney(s) appearing for the Case

William N. Puett and Ernest R. Warren, Gastonia, for plaintiff, appellant.

Allen & Hipp, Thomas W. Steed, Jr., Raleigh, and L. B. Hollowell, Gastonia, for defendant, appellee.


BOBBITT, Justice.

A warranty, express or implied, is contractual in nature. Whether considered collateral thereto or an integral part thereof, a warranty is an element of a contract of sale. 77 C.J.S. Sales § 302; 46 Am.Jur., Sales § 299.

"The obligation arising under a warranty is that of an undertaking or promise that the goods shall be as represented or, more specifically, a contract of indemnity against loss by reason of defects therein." 77...

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