Lilley v. Manning Motor Company

Plaintiff bottoms his suit upon the principle that where the property purchased is a mechanical device the buyer has a reasonable time in which to operate and test it and, if it is found that the machine does not fill the specifications of the contract and warranty, he may continue to keep and use it and may maintain an action for damages for breach of the warranty. Hajoca v. Brooks, 249 N.C. 10, 105 S.E. 2d 123; Hendrix v. Motors, Inc., 241 N.C. 644, 86 S.E. 2d 448; Potter v. Supply Co., 230 N.C. 1, 51 S.E. 2d 908; Huyett & Smith Mfg. Co. v. Gray, 124 N.C. 322, 32 S.E. 718. It is the…