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FIBER INDUSTRIES v. SALEM CARPET MILLS

No. 8321SC608.

315 S.E.2d 735 (1984)

FIBER INDUSTRIES, INC. v. SALEM CARPET MILLS, INC.

Court of Appeals of North Carolina.

June 5, 1984.

Attorney(s) appearing for the Case

Petree, Stockton, Robinson, Vaughn, Glaze and Maready by Jackson N. Steele and Daniel R. Taylor, Jr., Winston-Salem, for defendant-appellant.

Brooks, Pierce, McLendon, Humphrey & Leonard by James T. Williams, Jr., and Kathrine A. McLendon, Greensboro, for plaintiff-appellee.

ARNOLD, Judge.

Salem Carpet contends that the trial court erred in granting Celanese's motion for summary judgment in that Celanese breached an implied warranty established by "usage of trade" within the carpet industry. It is claimed that, in accordance with customary practice, Celanese was obligated to fill all orders made by Salem Carpet during the projected market life of any carpet style which utilized fiber manufactured by Celanese. We do not agree with this...

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