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WILSON v. E-Z FLO CHEMICAL COMPANY

No. 724SC170.

186 S.E.2d 679 (1972)

13 N.C. App. 610

Douglas O. WILSON, Plaintiff, v. E-Z FLO CHEMICAL COMPANY, a division of Growers Service, Corporation, Defendant and Third Party Plaintiff, v. UNIROYAL CHEMICAL, a Division of Uniroyal, Incorporated, Third Party Defendant.

Court of Appeals of North Carolina.

Certiorari Allowed April 4, 1972.

Attorney(s) appearing for the Case

Chambliss, Paderick & Warrick, by Joseph B. Chambliss, Clinton, for third party plaintiff appellee.

Smith, Anderson, Dorsett, Blount & Ragsdale, by John L. Jernigan, Raleigh, for third party defendant appellant.

Certiorari Allowed by Supreme Court April 4, 1972.

BRITT, Judge.

Appellant first contends that the evidence was not sufficient to support a finding by the court that Uniroyal breached a warranty of fitness for a particular use. We hold that the evidence was sufficient to support the finding. G.S. § 25-2-314(1) provides, "Unless excluded or modified (§ 25-2-316), a warranty that the goods shall be merchantable is implied in a contract for their sale...

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