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HOLLENBECK v. RAMSET FASTENERS, INC.

No. 288.

148 S.E.2d 287 (1966)

267 N.C. 401

Orville S. HOLLENBECK v. RAMSET FASTENERS, INC., a Corporation, (Ramset Division—Olin Mathieson Chemical Corporation), and Acousti Engineering of Carolinas, Inc., also known as Acoustics, Inc.

Supreme Court of North Carolina.

May 25, 1966.

Attorney(s) appearing for the Case

Carswell & Justice, by James F. Justice, Peter L. Reynolds, Charlotte, for plaintiff appellant.

Boyle, Alexander & Carmichael, by R. C. Carmichael, Jr., Charlotte, for defendant appellee.

PLESS, Justice.

Since the manufacturer of the powder actuated tool is not a party, the doctrine of implied warrant is not available to the plaintiff. He seeks to recover of the seller upon the alleged breach of an express warranty as summarized in the statement of facts. In Nationwide Mutual Insurance Co. v. Don Allen Chevrolet Co., 253 N.C. 243, 116 S.E.2d 780, Bobbitt, J., speaking for this Court...

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