ROBINSON v. BRANCH MOVING & STORAGE CO.

No. 7515DC676.

221 S.E.2d 81 (1976)

28 N.C. App. 244

Luther T. ROBINSON v. BRANCH MOVING & STORAGE COMPANY, INC.

Court of Appeals of North Carolina.

January 7, 1976.


Attorney(s) appearing for the Case

Michael D. Levine and John T. Stewart, Chapel Hill, for plaintiff appellee.

Bryant, Bryant, Battle & Maxwell, P. A., by James B. Maxwell, Durham, for defendant appellant.


MORRIS, Judge.

Defendant contends that the trial court erred in finding an implied warranty of fitness for a particular purpose and ". . . in concluding that the defendant breached that implied warranty." We agree.

In this case, plaintiff buyer stated that the truck was purchased "as it was" at the time of sale and he must bear the loss. Throughout this transaction the defendant seller diligently and repeatedly advised the plaintiff of the risk he was taking...

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