Bailey v. LeBeau

HEDRICK, Chief Judge.

To prevent a manifest injustice, we, ex mero motu, suspend the rules of appellate procedure to review all aspects of this case and reverse portions of the judgment and remand the case for a new trial on plaintiffs claim for breach of express warranty. Rule 2, N.C. Rules of Appellate Procedure.

Defendants first contend that the evidence in this record is insufficient to support a finding that defendant Pioneer Coach made any warranty to plaintiff. We disagree. The evidence in the record tends to show that Pioneer Coach advertised the sale of the automobile in a magazine…