Kinlaw v. Long Mfg. N.C., Inc.

EXUM, Justice.

This is an action to recover damages allegedly incurred by plaintiff-purchaser as a result of defendant-manufacturer’s breach of an express warranty of a tractor. The sole question presented is whether the absence of contractual privity between the parties in the sale of the tractor bars the claim. We hold that it does not.

Plaintiff alleges that in November, 1975, he purchased a new farm tractor and attachments from Sessions Farm Machinery, Inc., an authorized dealer of defendant-manufacturer. An owner’s manual issued by defendant and delivered to plaintiff with the new tractor…