Legal Opinion

Stillwell Enterprises, Inc. v. Interstate Equipment Co.

Court of Appeals of North Carolina

Decided May 15, 1979No. 7830SC603PublishedCited by 1 opinion

1Opinion of the Court

ERWIN, Judge.

Plaintiff assigns as error the court’s enforcement of the contractual limitations provided in the lease agreement. We find no error. The lease agreement entered in between plaintiff and defendant constituted a bailment contract. Parties to a bailment contract may limit the rights of the bailee in case of a breach of an express warranty. Annot., 68 A.L.R. 2d 850 (1959). The measure of the rights, duties, and obligations of bailor and bailee can be ascertained by looking at the terms of the contract itself. 8 Am. Jur. 2d, Bailments, § 120, pp. 1014-15. Paragraph 6 of the lease in…

2Cases cited16 opinions

  1. Kidd v. EarlySupreme Court of North Carolina · 1976
  2. North Carolina State Ports Authority v. Lloyd A. Fry Roofing Co.Supreme Court of North Carolina · 1978
  3. Roberts v. William N. & Kate B. Reynolds Mem. ParkSupreme Court of North Carolina · 1972
  4. Council v. Dickerson's, Inc.Supreme Court of North Carolina · 1951
  5. Kenney v. Wong LenSupreme Court of New Hampshire · 1925

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3Cited by1 opinion

  1. Nat v. CommissionerUnited States Tax Court · 1980

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