Supreme Court of North Carolina
215 S.E.2d 102 (N.C. 1975)
Defendants sold a parcel of land to the plaintiff and conveyed it by a deed that restricted it to residential use. There was no town sewage system, so the plaintiffs had to install a septic system. Upon inspection by county and federal health officials, it was determined that the land was subject to flooding and not high enough to allow for a septic system. Neither the plaintiff nor the defendants knew about this when the sale was completed. There was no express warranty in the deed. The plaintiff brought suit on a theory of implied warranty. The trial court found in favor of the defendants and the court of appeals reversed. The defendants appealed.
Rule of Law
Holding and Reasoning (Copeland, J.)
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