Smith v. Bruce

Eberhardt, Presiding Judge.

This is an action for breach of warranty arising from a sale of broadloom carpeting. The complaint was brought in three counts, the first alleging a breach of express warranty under Code Ann. § 109A-2 — 313 (UCC § 2-313), the second alleging a breach of implied warranty of merchantability under Code Ann. § 109A-2 — 314 (UCC § 2-314), and the third alleging a breach of implied warranty of fitness for a particular purpose under Code Ann. § 109A-2 — 315 (UCC § 2-315).

There was no dispute between the parties at trial that the above warranty provisions of Article 2 of…