Hollenbeck v. Ramset Fasteners, Inc.

Since the manufacturer of the powder actuated tool is not a party,' the doctrine of implied warranty is not available to the plaintiff. He seeks to recover of the seller upon the alleged breach of an express warranty as summarized in the statement of facts. In Insurance Co. v. Chevrolet Co., 263 N.C. 243, 116 S.E. 2d 780, Bobbitt, J., speaking for this Court said:

« <* * * any promise by -¿he seller relating to the goods is an express warranty if the natural tendency of such affirmation or promise is to induce the buyer to purchase the goods, and if the buyer purchases the goods relying…