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BURBAGE v. ATLANTIC MOBILEHOME SUPPLIERS CORP.

No. 7429DC153.

205 S.E.2d 622 (1974)

21 N.C. App. 615

Thomas W. BURBAGE, Plaintiff, v. ATLANTIC MOBILEHOME SUPPLIERS CORPORATION, Defendant and Third-Party Plaintiff, v. REESE PRODUCTS, INC., Third-Party Defendant.

Court of Appeals of North Carolina.

June 5, 1974.

Attorney(s) appearing for the Case

Ramsey, Hill, Smart & Ramsey by Allen Van Turner, Brevard, for plaintiff-appellee.

Morris, Golding, Blue & Phillips by James F. Blue, III, Asheville, for defendant-appellant.

Roberts & Cogburn by Landon Roberts, Asheville, for third party defendant-appellee.

CARSON, Judge.

The plaintiff bases his claim upon the breach of an implied warranty by defendant Atlantic. In 1965, when North Carolina enacted the Uniform Commercial Code, the long accepted concept of implied warranty in sales transactions was codified. G.S. § 25-2-314 provides an implied warranty of merchantability with respect to goods sold by merchants. In order to effectively assert a claim under the statute,...

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