Alamance County Board of Education v. Bobby Murray Chevrolet, Inc.
Court of Appeals of North Carolina
465 S.E.2d 306 (1996)
Relevant factsFree
Bobby Murray Chevrolet (defendant), a GM franchisee, contracted with school boards (plaintiffs) to supply school bus chassis to be manufactured by GM Truck under the contract's "Chevrolet" brand description; production was delayed and then EPA regulations made the promised chassis illegal to produce, and Bobby Murray notified the school boards it couldn't deliver, prompting the boards to buy elsewhere and sue for the price difference. Bobby Murray argued its nonperformance was excused by GM Truck's own failure to manufacture the chassis.
IssueFree
Whether a commercial seller who contracts to provide goods manufactured by a third party is excused from performance by that third party's breach.
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