Williams v. Dixie Chevrolet Co.

Stacy, C. J.,

after stating the case: The full significance and import of the first issue seems to have been overlooked on all hands. If the automobile purchased by the plaintiff were so defective “that it was not reasonably fit for the use for which it was intended,” then the plaintiff would be entitled to recover of the seller for want of consideration. Swift & Co. v. Aydlett, 192 N. C., 330, 135 S. E., 141; Register Co. v. Bradshaw, 174 N. C., 414, 93 S. E., 898; DeWitt v. Berry, 134 U. S., 306; 6 R. C. L., 684, et seq. Similarly, the seller would be entitled to recover over against the…