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ARRINGTON v. BRAD RAGAN, INC.

No. 8129SC337.

289 S.E.2d 122 (1982)

Charles N. ARRINGTON and wife, Bertie Arrington, Plaintiffs, v. BRAD RAGAN, INC., t/d/b/a Carolina Tire Company, Defendant and Third Party Plaintiff, v. LEAR SIEGLER, INC., Third Party Defendant.

Court of Appeals of North Carolina.

March 16, 1982.

Attorney(s) appearing for the Case

Potts & Welch by Jack H. Potts and Paul B. Welch, III, Brevard, for plaintiffs-appellants.

Roberts, Cogburn & Williams by James W. Williams, Asheville, for original defendant-appellee.

WEBB, Judge.

If, on the evidence, the plaintiff could recover either for breach of warranty or negligence, the motion for dismissal was improperly allowed. There was an implied warranty by the original defendant that the stove would heat the plaintiffs' home without exploding. See G.S. 25-2-315. We believe the principles applying to the facts of this case are found in Insurance Co. v. Chevrolet Co., 253 N.C. 243,

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