BARNES v. CAMPBELL CHAIN CO., INC.

No. 7914SC1005.

267 S.E.2d 388 (1980)

Harry W. BARNES v. CAMPBELL CHAIN COMPANY, INC., Loos and Company, and West Durham Lumber Company.

Court of Appeals of North Carolina.

July 1, 1980.


Attorney(s) appearing for the Case

Spears, Barnes, Baker & Hoof by Alexander H. Barnes, Durham, for plaintiff-appellant.

Maupin, Taylor & Ellis by Armistead J. Maupin, Raleigh, for defendant-appellee.


CLARK, Judge.

The primary question in this case is one of first impression in this jurisdiction: Whether an individual partner can sue to recover damages for his personal injuries which proximately result from the breach of warranty on a good purchased by the partnership with partnership funds? We now answer "yes" to this question.

The defendant argues that a partnership is a separate legal entity and that only the partnership may sue in an action arising...

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