CONLEY v. EMERALD ISLE REALTY, INC.

No. 358PA98.

513 S.E.2d 556 (1999)

350 N.C. 293

Charles E. CONLEY and wife, Anna M. Conley, Charles W. Conley and wife, Regina M. Conley, Robert D. Conley and wife, Patricia A. Conley, William V. Conley and wife, Janet L. Conley, Katherine M. Conley, Brian Z. Taylor, Guardian Ad Litem for Stephanie A. Conley, James M. Ayers, II, Guardian Ad Litem for Michael W. Conley v. EMERALD ISLE REALTY, INC., Henry B. Ingram, Jr., and wife, Lucy G. Ingram, Katherine J. Ingram, Anne M. Ingram, Henry B. Ingram, III, Elizabeth L. Ingram.

Supreme Court of North Carolina.

April 9, 1999.


Attorney(s) appearing for the Case

Sumrell, Sugg, Carmichael, Hicks & Hart, P.A., by Scott C. Hart, New Bern, for plaintiff-appellees.

Dunn, Dunn, Stoller & Pittman, LLP, by David A. Stoller and Andrew D. Jones, New Bern, for defendant-appellant Emerald Isle Realty, Inc.

Mason & Mason, P.A., by L. Patten Mason, Morehead City, for defendant-appellants Henry, Jr., Lucy, Katherine, Anne, Henry III, and Elizabeth Ingram.


LAKE, Justice.

The question presented for review is whether the Court of Appeals erred in reversing the trial court's order entering summary judgment for all defendants. In support of its decision, the Court of Appeals ruled that plaintiffs' forecast of the evidence could support a finding that defendants breached their implied warranty affirming that the premises was suitable for tenant occupancy. Since we decline to impose an implied warranty of suitability on landlords...

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