Gillispie Ex Rel. Troxler v. Great Atlantic & Pacific Tea Co.

GRAHAM, Judge.

Plaintiff bases his claim solely upon breach of implied warranty.

The evidence tends to show that plaintiff handled the bottles of Sprite normally from the time he took possession of them until they exploded. There is no evidence presently before us which would indicate that plaintiff’s conduct contributed in any way to the explosions. Therefore, the jury would be justified in finding that the bottles exploded because they were inadequate for the purpose they were intended; namely, as containers of the Sprite soft drink.

Before adoption of the Uniform Commercial Code (G.S.…