PAKE v. BYRD

No. 813DC520.

286 S.E.2d 588 (1982)

John T. PAKE v. J. C. BYRD, Bobby Byrd, and Mackie White, t/a Byrd Farms.

Court of Appeals of North Carolina.

February 2, 1982.


Attorney(s) appearing for the Case

Bennett, McConkey & Thompson by Thomas S. Bennett, Morehead City, for plaintiff-appellee.

Bryan, Jones & Johnson by Robert C. Bryan, Dunn, for defendants-appellants.


HARRY C. MARTIN, Judge.

In order to determine the rights of the parties under these facts, we must first resolve the threshold question of whether, under the provisions of N.C.G.S. 25-2-313, defendants expressly warranted to plaintiff that the tractor was in good condition and free from major mechanical defects.

The statute states in pertinent part:

Any affirmation of fact or promise made by the seller to the buyer which relates to the goods and becomes...

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