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LYON v. WARD

No. 7518DC717.

221 S.E.2d 727 (1976)

28 N.C. App. 446

Ronald W. LYON and wife, Judith M. Lyon, Plaintiffs, v. Jim WARD, t/a Jim Ward Construction Company, Defendant and Third-Party Plaintiff, v. BAINBRIDGE AND DANCE WELL DRILLING CONTRACTORS, INC., Third-Party Defendant.

Court of Appeals of North Carolina.

February 4, 1976.

Attorney(s) appearing for the Case

Smith, Patterson, Follin, Curtis & James by Norman B. Smith, Greensboro, for plaintiff-appellee.

Frassinetti & Shaw by Eugene G. Shaw, Jr., Greensboro, for defendant, Jim Ward, appellant.

No counsel for third-party defendant, Bainbridge & Dance Well Drilling Contractors, Inc.

HEDRICK, Judge.

The principal question presented by this appeal is whether the builder-vendor, Jim Ward, impliedly warranted to the initial purchasers that the well constructed on the premises by him and sold as an integral part of the house would provide an adequate, usable water supply for the house.

In Hartley v. Ballou, 286 N.C. 51, 209 S.E.2d 776 (1974), Chief Justice Bobbitt said...

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