Helson's Premiums and Gifts, Inc. v. Duncan

BRITT, Judge.

Defendant contends first that the trial court committed error in directing a verdict in favor of plaintiff on defendant’s counterclaim and in not submitting appropriate issues to the jury. We agree with this contention.

G.S. 25-2-313, a portion of the Uniform Commercial Code, provides as follows:

“§25-2-313. Express Warranties by Affirmation, Promise, Description, Sample.— (1) Express warranties by the seller are created as follows:(a) Any affirmation of fact or promise made by the seller to the buyer which relates to the goods and becomes part of the basis of the bargain creates…