Simpson v. American Oil Co.

Tbis ease was before the Court at the Spring Term, 1940, and is reported as Simpson v. Oil Co., 217 N. C., 542. A new trial was granted because of error in the instructions to the jury involving the possibility of a double recovery on both theories presented in the pleadings — negligence and breach of warranty. The only important difference between that case and the one at bar is that in the second trial the questions of negligence and implied warranty were eliminated altogether and the case went to the jury solely upon the express warranty printed upon the sealed package in which the…