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BYRD v. STAR RUBBER COMPANY

No. 717SC286.

181 S.E.2d 227 (1971)

11 N.C. App. 297

Ira BYRD v. The STAR RUBBER COMPANY, Original Defendant, v. Tom TURNAGE and Caison Turnage, doing business as Nashville Recappers, Third-Party Defendants.

Court of Appeals of North Carolina.

May 26, 1971.

Attorney(s) appearing for the Case

Fields, Cooper & Henderson, by Milton P. Fields, Rocky Mount, for plaintiff appellant.

Battle, Winslow, Scott & Wiley, P. A., by J. B. Scott, Rocky Mount, for Star Rubber Co., original defendant appellee.

Spears, Spears, Barnes & Baker, by Alexander H. Barnes, Durham, for Nashville Recappers, third party defendant.

MORRIS, Judge.

This appeal raises one single question which is whether a plaintiff, not an ultimate consumer and not one in privity of contract with the manufacturer, has a cause of action for breach of warranty if injured in the use of the product while an employee of a purchaser for resale to the ultimate consumer of the product manufactured by defendant.

Our Supreme Court in Corprew v. Geigy Chemical Corp., 271 N.C. 485,...

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