Court of Appeals of North Carolina March 16, 1982, 8129SC337 (Arrington v. Brad Ragan, Inc.)

WEBB, Judge.

If, on the evidence, the plaintiff could recover either for breach of warranty or negligence, the motion for dismissal was improperly allowed. There was an implied warranty by the original defendant that the stove would heat the plaintiffs’ home without exploding.

See

G.S. 25-2-315. We believe the principles applying to the facts of this case are found in

Insurance Co. v.