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HELSON'S PREMIUMS AND GIFTS, INC. v. DUNCAN

No. 7026DC634.

177 S.E.2d 428 (1970)

9 N.C. App. 653

HELSON'S PREMIUMS AND GIFTS, INC. v. Jean Phillips DUNCAN, t/a Specialty Brokers Advertising.

Court of Appeals of North Carolina.

November 18, 1970.

Attorney(s) appearing for the Case

James M. Shannonhouse, Jr., Charlotte, for plaintiff appellee.

Raleigh A. Shoemaker and Hugh L. Lobdell, Charlotte, for defendant appellant.

BRITT, Judge.

Defendant contends first that the trial court committed error in directing a verdict in favor of plaintiff on defendant's counterclaim and in not submitting appropriate issues to the jury. We agree with this contention.

G.S. § 25-2-313, a portion of the Uniform Commercial Code, provides as follows:

"§ 25-2-313. Express warranties by affirmation, promise, description, sample. —(1) Express warranties by the seller...

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