Nettles v. Imperial Distributors, Inc.

I dissent. Deferentially and respectfully but, I must admit, with a certain degree of impatience, do I find myself in disagreement with my three judicial brethren in that part of their decision in which they reversed the Judge of the Circuit Court of Kanawha County sitting as an intermediate appellate court wherein, upon a solid fine of decisions of this Court, he reversed the trial court in its holding that the plaintiffs could recover on the theory of a breach of an implied warranty upon the facts in this case. I am in agreement with the action of this Court in affirming the intermediate…