Richard W. Cooper Agency, Inc. v. Irwin Yacht & Marine Corp.

CLARK, Judge.

In determining whether this action should be dismissed, it is noted at the outset that plaintiff is a buyer and defendant Irwin Yacht is both a manufacturer and an assembler of component parts. The seller, Sailor’s Haven, was not made a party-defendant by plaintiff but was made a third-party defendant by original defendant Irwin Yacht for indemnification on the ground that some of the defects alleged by plaintiff were the responsibility of the seller.

Assuming North Carolina law applies, we eliminate, first, plaintiff’s claim based on breach of implied warranty of merchantability…