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W.A. DAVIS REALTY, INC. v. WAKELON AGRI-PRODUCTS

No. 8518SC1093.

351 S.E.2d 816 (1987)

84 N.C. App. 97

W.A. DAVIS REALTY, INC., d/b/a W.A. Davis Milling Company v. WAKELON AGRI-PRODUCTS, INC.

Court of Appeals of North Carolina.

January 20, 1987.

Attorney(s) appearing for the Case

Womble, Carlyle, Sandridge & Rice, by Keith W. Vaughan and Robert C. Dortch, Jr., Winston-Salem, for plaintiff appellant.

Henson, Henson & Bayliss, by Perry C. Henson and Paul D. Coates, Greensboro, for defendant appellee.

PHILLIPS, Judge.

Quite clearly, it seems to us, plaintiff's evidence, when viewed in its most favorable light, West v. Slick, 313 N.C. 33, 326 S.E.2d 601 (1985), makes out a prima facie case on all the claims asserted. That the grade or quality of goods bought and sold can be contracted for is rudimentary; and that an agreement as to the grade or quality of goods bought and sold can be the basis for an express warranty...

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