GILLISPIE v. GREAT ATLANTIC AND PACIFIC TEA COMPANY

No. 7222SC7.

187 S.E.2d 441 (1972)

14 N.C. App. 1

Franklin GILLISPIE, By His Guardian ad litem, Florence Troxler, Plaintiff, v. The GREAT ATLANTIC AND PACIFIC TEA COMPANY, Defendant, v. THOMASVILLE COCA COLA BOTTLING COMPANY, Third-Party Defendant.

Court of Appeals of North Carolina.

March 29, 1972.


Attorney(s) appearing for the Case

Hugh B. Rogers, Jr., and Charles F. Lambeth, Jr., Thomasville, for plaintiff appellant.

Walser, Brinkley, Walser & McGirt, by Walter F. Brinkley, Lexington, for defendant appellee.


GRAHAM, Judge.

Plaintiff bases his claim solely upon breach of implied warranty.

The evidence tends to show that plaintiff handled the bottles of Sprite normally from the time he took possession of them until they exploded. There is no evidence presently before us which would indicate that plaintiff's conduct contributed in any way to the explosions. Therefore, the jury would be justified in finding that the bottles exploded because they were inadequate for...

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