MENDENHALL v. CAROLINA GARAGE, INC.

No. 6923SC93.

166 S.E.2d 513 (1969)

4 N.C. App. 226

Bobby Allen MENDENHALL, Original Plaintiff and American Mutual Liability Insurance Company, Additional Plaintiff, v. CAROLINA GARAGE, INC., Original Defendant, and Mack Trucks, Inc., and General Tire & Rubber Company, Additional Defendants.

Court of Appeals of North Carolina.

April 2, 1969.


Attorney(s) appearing for the Case

Hudson, Petree, Stockton, Stockton & Robinson, by Norwood Robinson and Thomas E. Capps, Winston-Salem, for original defendant Carolina Garage, Inc., appellant.

Womble, Carlyle, Sandridge & Rice, by Allan R. Gitter and Jimmy H. Barnhill, Winston-Salem, for additional defendant Mack Trucks, Inc., Appellee.

Smith, Moore, Smith, Schell & Hunter, by Beverly C. Moore and Larry Sitton, Greensboro, for additional defendant General Tire and Rubber Co., appellee.


CAMPBELL, Judge.

Garage asserted that it was necessary to discuss both negligence and implied warranty because of ambiguity in the complaint, which, it was argued, alleged both causes of action. Therefore, much of its excellent brief was devoted to a tort theory and the doctrine of active and passive negligence. However, the complaint is based upon an implied warranty under a contractual doctrine and not upon an action in tort.

It is also to be noted that...

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