MORRISON v. SEARS, ROEBUCK & CO.

No. 267PA86.

354 S.E.2d 495 (1987)

319 N.C. 298

Michael MORRISON and Wanda Jean Morrison, Appellants, v. SEARS, ROEBUCK & COMPANY, Appellee, v. COLBY FOOTWEAR, INC. and Colby Machine Corporation, Third-Party Defendant, v. YORK HEEL OF MAINE, INC., Appellee.

Supreme Court of North Carolina.

April 7, 1987.


Attorney(s) appearing for the Case

Franklin Smith, Elkin, for appellants.

Moore, Willardson & Lipscomb by Larry S. Moore and William F. Lipscomb, Wilkesboro, for appellee Sears, Roebuck & Co.


MITCHELL, Justice.

The sole issue before us is whether the Court of Appeals erred in affirming the trial court's entry of summary judgment for the defendant Sears, Roebuck and Company (hereinafter "Sears") on the plaintiffs' claims for a breach of an implied warranty of merchantability. We hold that the Court of Appeals erred in that regard.

The plaintiffs, Wanda Jean Morrison and her husband, Michael Morrison, brought suit against Sears alleging that Mrs...

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