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FALCO CORPORATION v. HOOD

No. 7010SC34.

173 S.E.2d 578 (1970)

7 N.C. App. 717

The FALCO CORPORATION v. Alvin S. HOOD, d/b/a Hood's Texaco Service.

Court of Appeals of North Carolina.

May 6, 1970.

Attorney(s) appearing for the Case

Coley & Clement, by H. D. Coley, Jr., Raleigh, and Fleming, Robinson & Bradshaw, by Russell M. Robinson, II, Charlotte, for plaintiff appellant.

Dunn & Dunn, by Raymond E. Dunn, New Bern, for defendant appellee.

CAMPBELL, Judge.

Falco assigns as error the charge of the trial judge to the jury as follows:

"Now where there is no express warranty the law implies a warranty and the evidence in this case is to the effect that there was not an expressed warranty made by the Falco Corporation when the property was leased to the defendant Hood and, therefore, I instruct you that the law would imply that there was a warranty to the effect that the car wash equipment which...

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