(DOWNLOAD) "Burbage v. Atlantic Mobilehome Suppliers Corp." by Court of Appeals of North Carolina No. 7429DC153 " eBook PDF Kindle ePub Free
eBook details
- Title: Burbage v. Atlantic Mobilehome Suppliers Corp.
- Author : Court of Appeals of North Carolina No. 7429DC153
- Release Date : January 05, 1974
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
The plaintiff bases his claim upon the breach of an implied warranty by defendant Atlantic. In 1965, when North Carolina enacted the Uniform Commercial Code, the long accepted concept of implied warranty in sales transactions was codified. G.S. 25-2-314 provides an implied warranty of merchantability with respect to goods sold by merchants. In order to effectively assert a claim under the statute, the plaintiff must prove the giving of the warranty, the breach of that warranty, and damages resulting to him as a proximate result of the breach. Douglas v. Mallison, 265 N.C. 362, 144 S.E.2d 138 (1965); Uniform Commercial Code, White and Summers, Sec. 9-1, p. 272 (1972). We do not feel that the plaintiff has satisfied this burden.