SOUTHEASTERN ADHESIVES v. FUNDER AMERICA

No. 8725SC919.

366 S.E.2d 505 (1988)

89 N.C. App. 438

SOUTHEASTERN ADHESIVES COMPANY v. FUNDER AMERICA, INC.

Court of Appeals of North Carolina.

April 5, 1988.


Attorney(s) appearing for the Case

Bell, Davis & Pitt by Joseph T. Carruthers and J. Dennis Bailey, Petree, Stockton & Robinson by Leon E. Porter, Jr., Winston-Salem, for plaintiff-appellee.

Martin & Van Hoy by Henry P. Van Hoy, II, and G. Wilson Martin, Jr., Mocksville, for defendant-appellant.


EAGLES, Judge.

Defendant appeals the trial court's grants of summary judgment against defendant's counterclaim and in favor of plaintiff's complaint. While we find that there are genuine issues of material fact presented by defendant's allegations of breach of the implied warranty of merchantability, we conclude that summary judgment on defendant's claim of breach of the implied warranty of fitness for a particular purpose was proper. Accordingly, we reverse in part...

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