Wyatt v. North Carolina Equipment Company

A warranty, express or implied, is contractual in nature. Whether considered collateral thereto or an integral part thereof, a warranty is an element of a contract of sale. 77 C.J.S., Sales § 302; 46 Am. Jur., Sales § 299.

“The obligation arising under a warranty is that of an undertaking or promise that the goods shall be as represented or, more specifically, a contract of indemnity against loss by reason of defects therein.” 77 C.J.S., Sales § 302(d). “The effect of an express warranty undoubtedly is to bind the seller absolutely for the existence of the warranted qualities. If an implied…