ROSE v. EPLEY MOTOR SALES

No. 98.

215 S.E.2d 573 (1975)

Richard Clifton ROSE v. EPLEY MOTOR SALES and Jerome Epley.

Supreme Court of North Carolina.

June 26, 1975.


Attorney(s) appearing for the Case

Robert E. Hodges, Morganton, for plaintiff.

Byrd, Byrd, Ervin & Blanton, P. A. by Robert B. Byrd and Joe K. Byrd, Jr., Morganton, for defendants.


LAKE, Justice.

There was no error in the denial by the District Court of the defendants' motion to dismiss for failure to state in the complaint a claim upon which relief can be granted. The basis of this motion is that the complaint does not state wherein the alleged implied warranties were broken or otherwise allege any act or omission of the defendants or any condition of the automobile at the time of the sale which caused the fire.

The complaint would...

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