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TENNESSEE-CAROLINA TRANSP. v. STRICK CORP.

No. 95.

210 S.E.2d 181 (1974)

286 N.C. 235

TENNESSEE-CAROLINA TRANSPORTATION, INC. v. STRICK CORPORATION.

Supreme Court of North Carolina.

December 11, 1974.

Attorney(s) appearing for the Case

Welling & Miller by George J. Miller and Charles M. Welling, Kennedy, Covington, Lobdell & Hickman by Hugh L. Lobdell, Charlotte, for defendant-appellant.

Wallace S. Osborne, Waggoner, Hasty & Kratt by William J. Waggoner, Charlotte, for plaintiff-appellee.

MOORE, Justice.

The sales contract here involved was executed in Pennsylvania but was to be performed by delivery of the trailers in Illinois. Defendant now contends that the substantive law of the place of performance (Illinois) controls the question of breach of implied warranty and, if there was a breach, the measure of damages.

In the former opinion in this case we stated:

". . . [T]he parties have not contended that any law other than the law...

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