Wilson v. EZ FLO CHEMICAL COMPANY

BEITT, Judge.

Appellant first contends that the evidence was not sufficient to support a finding by the court that Uniroyal breached a warranty of fitness for a particular use. We hold that the evidence was sufficient to support the finding. G.S. 25-2-314(1) provides, “Unless excluded or modified (§ 25-2-316), a warranty that the goods shall be merchantable is implied in a contract for their sale if the seller is a merchant with respect to goods of that kind. . . .” G.S. 25-2-314(2) (c) provides, “Goods to be merchantable must be at least such as are fit for the ordinary purposes for which…