Jones v. Siler City Mills, Inc.

Defendant assigns as error the court’s denial of its motions for judgment of nonsuit. Since defendant offered evidence, we consider only the ruling on the motion made by defendant at the close of all the evidence. G.S. 1-183; Spaugh v. Winston-Salem, 249 N.C. 194, 196, 105 S.E. 2d 610.

Uncontradicted evidence is to the effect that the feed was sold and •purchased for a particular use, namely, to be fed to plaintiff’s flock of laying 'chickens. Under these circumstances, there was an implied warranty that the feed was reasonably fit for the use contemplated by both seller and .purchaser. Poovey…