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Kinlaw v. Long Mfg. N.C., Inc.

259 S.E.2d 552 (1979)

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Kinlaw v. Long Mfg. N.C., Inc.

North Carolina Supreme Court
259 S.E.2d 552 (1979)

Facts

James Kinlaw (plaintiff) bought a tractor from Sessions Farm Machinery, Inc. (the dealer). The tractor was manufactured by Long Manufacturing North Carolina, Inc. (Long Manufacturing) (defendant). The dealership was an authorized dealer for Long Manufacturing, but Kinlaw did not purchase the tractor from Long Manufacturing. No privity of contract existed between Kinlaw and Long Manufacturing. Included with the tractor was an owner’s manual by Long Manufacturing declaring that all tractors sold by Long Manufacturing’s authorized dealers were free from any defects. Kinlaw explicitly relied on this representation in the owner’s manual to purchase the tractor. Long Manufacturing, in turn, included the declaration in the owner’s manual in the hopes that it would convince more consumers to buy its tractors. But Kinlaw ran into problems with the tractor immediately after buying it and putting it to use on its farm. The tractor began breaking down, and it had defective parts. Kinlaw brought suit for breach of express warranty against Long Manufacturing. Long Manufacturing moved to dismiss on the ground that no privity of contract existed between it and Kinlaw, and consequently the lawsuit could not be maintained. The trial court agreed and dismissed the case. The North Carolina Court of Appeals affirmed. Kinlaw then sought relief in the North Carolina Supreme Court.

Rule of Law

Issue

Holding and Reasoning (Exum, J.)

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