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ITT-INDUS. CREDIT CO. v. MILO CONCRETE CO.

No. 7626SC392.

229 S.E.2d 814 (1976)

ITT-INDUSTRIAL CREDIT COMPANY, Plaintiff, v. MILO CONCRETE CO., INC., Defendant, v. J. I. CASE CO., Third-Party Defendant.

Court of Appeals of North Carolina.

November 17, 1976.

Attorney(s) appearing for the Case

Richard A. Cohan, Charlotte, for plaintiff-appellee.

Mullen, Holland & Harrell, P.A., by Graham C. Mullen, Gastonia, for defendant-appellant and third-party plaintiff-appellee.

Mitchell & Matus by T. Patrick Matus, Charlotte, for third-party defendant-appellant.

BRITT, Judge.

APPEAL OF MILO

Milo contends that the trial court erred in directing a verdict with respect to its counterclaim against plaintiff based on breach of warranty and in instructing the jury that plaintiff was not subject to a defense based on breach of warranty. These contentions are without merit.

Plaintiff is the assignee of a retail installment sales contract entered into between seller Case and the buyer Milo. This contract contains...

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