KINLAW v. LONG MFG. N. C., INC.

No. 33.

259 S.E.2d 552 (1979)

298 N.C. 494

James N. KINLAW v. LONG MFG. N. C., INC.

Supreme Court of North Carolina.

November 6, 1979.


Attorney(s) appearing for the Case

Soles & Phipps, R. C. Soles, Jr., Tabor City, for plaintiff-appellant.

Hester, Hester & Johnson by Worth H. Hester, Elizabethtown, and Biggs, Meadows, Batts, Etheridge & Winberry by William D. Etheridge and Auley M. Crouch III, Rocky Mount, for defendant-appellee.

Rufus L. Edmisten, Atty. Gen. by John R. B. Matthis, Sp. Deputy Atty. Gen., and James C. Gulick, Associate Atty., Raleigh, for the state, amicus curiae.


EXUM, Justice.

This is an action to recover damages allegedly incurred by plaintiff-purchaser as a result of defendant-manufacturer's breach of an express warranty of a tractor. The sole question presented is whether the absence of contractual privity between the parties in the sale of the tractor bars the claim. We hold that it does not.

Plaintiff alleges that in November, 1975, he purchased a new farm tractor and attachments from Sessions Farm Machinery...

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