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CATO EQUIPMENT CO. INC. v. MATTHEWS

No. 8823DC298.

372 S.E.2d 872 (1988)

91 N.C. App. 546

CATO EQUIPMENT COMPANY, INC. v. Vernon MATTHEWS v. JOHN DEERE COMPANY.

Court of Appeals of North Carolina.

October 18, 1988.

Attorney(s) appearing for the Case

Daniel J. Park, Elkin, for plaintiff-appellant.

Zachary and Zachary by Walter L. Zachary, Jr., Yadkinville, for defendant-appellee.

ARNOLD, Judge.

Plaintiff first contends that because the parts were received by defendant in sealed crates that plaintiff never opened, under Chapter 99B he breached no implied warranties. We disagree.

G.S. 99B-2(a) states that "[N]o product liability action, except an action for breach of express warranty, shall be commenced or maintained against any seller when the product was acquired and sold by the seller in a sealed container ... unless the seller damaged...

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