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STILLWELL ENTERPRISES v. INTERSTATE EQUIP. CO.

No. 7830SC603.

254 S.E.2d 770 (1979)

STILLWELL ENTERPRISES, INC., Plaintiff, v. INTERSTATE EQUIPMENT COMPANY, Original Defendant and Third-Party Plaintiff, v. The TRAVELERS INDEMNITY COMPANY, and Robert D. Kelly, Third-Party Defendants.

Court of Appeals of North Carolina.

May 15, 1979.

Attorney(s) appearing for the Case

Smith, Currie & Hancock, by Joseph A. McManus, Jr., Atlanta, Ga., for plaintiff appellant and Robert D. Kelly, third-party defendant appellant.

Raymer, Lewis, Eisele & Patterson, by Douglas G. Eisele, Statesville, for defendant appellee and third-party plaintiff appellee.

ERWIN, Judge.

Plaintiff assigns as error the court's enforcement of the contractual limitations provided in the lease agreement. We find no error. The lease agreement entered into between plaintiff and defendant constituted a bailment contract. Parties to a bailment contract may limit the rights of the bailee in case of a breach of an express warranty. Annot., 68 A.L.R.2d 850 (1959). The measure of the rights, duties, and obligations of bailor and bailee can be ascertained...

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