W. A. Davis Realty, Inc. v. Wakelon Agri-Products, Inc.

PHILLIPS, Judge.

Quite clearly, it seems to us, plaintiffs evidence, when viewed in its most favorable light, West v. Slick, 313 N.C. 33, 326 S.E. 2d 601 (1985), makes out a prima facie case on all the claims asserted. That the grade or quality of goods bought and sold can be contracted for is rudimentary; and that an agreement as to the grade or quality of goods bought and sold can be the basis for an express warranty is expressly provided by statute. G.S. 25-2-313. The main thrust of plaintiff s evidence is that defendant contracted or expressly warranted to provide Number 2 milling wheat, a…