CHAMPS CONV. STORES v. UNITED CHEMICAL

No. 8928SC672.

392 S.E.2d 761 (1990)

99 N.C. App. 275

CHAMPS CONVENIENCE STORES, INC. and Commercial Union Insurance Company, Plaintiffs, v. UNITED CHEMICAL COMPANY, INC., Defendant.

Court of Appeals of North Carolina.

July 3, 1990.


Attorney(s) appearing for the Case

Roberts, Stevens & Cogburn, P.A. by Isaac N. Northup, Jr., Ashville, for plaintiffs-appellees.

Morris, Bell & Morris by William C. Morris, III, Ashville, for defendant-appellant.


COZORT, Judge.

This product liability action has its origin in mistake and unhappy coincidence. Marta Sprinkle, an employee of plaintiff Champs Convenience Stores, Inc., ordered from the defendant a product named Dust Command, used for controlling dust on wooden floors. The defendant, however, delivered a product named Carbo-Solv, used for cleaning carburetors and other small parts of combustion engines. Both Dust Command and Carbo-Solv were distributed by the defendant...

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