Billings v. Joseph Harris Co., Inc.

LAKE, Justice.

The plaintiff relies upon our decision in Gore v. Ball, Inc., 279 N.C. 192, 182 S.E. 2d 889 (1971). That case is distinguishable from the present case for two reasons. First, there the defendant delivered the wrong kind of seed, whereas, in the present case, the plaintiff admits that he received the exact kind of seed he ordered. Thus, in the present case, there was no violation of the North Carolina Seed Law through false labeling of seed. In the Gore case, we held that a provision in the contract limiting the seller’s liability for delivering falsely labeled seed to the…