Opinion
No. 191A86
Filed 7 October 1986
APPEAL by plaintiff from a divided panel of the Court of Appeals, 79 N.C. App. 345, 339 S.E.2d 460 (1986), reversing in part and remanding to the trial court for new trial on the issue of breach of express warranty.
Nichols, Caffrey, Hill, Evans Murrelle, by Richard L. Pinto and B. Danforth Morton,, for plaintiff-appellant.
Wilson, Biesecker, Tripp Sink, by Joe E. Biesecker, for defendant-appellees.
Lacy H. Thornburg, Attorney General, by James C. Gulick Special Deputy Attorney General, amicus curiae.
The decision of the Court of Appeals reversing in part and remanding to the trial court for new trial on the issue of breach of express warranty is affirmed as herein modified. The case is remanded for new trial on the issues of breach of express warranty and unfair and deceptive trade practices pursuant to N.C.G.S. 75-1.1, as well as damages.
Modified and affirmed.